Federal Court of Australia
JUDGMENT No. 31d SF,
CATCHWORDS
SOCIAL SECURITY - lump sum compensation settlement - preclusion period for pension - adjustments to period - whether reasons for adjustments must be expressed in terms of the "compensation part of the lump sum"
Social Security Act 1991 (Cth) ss 1165, 1184
et. ocia curity v {1990} 23 FCRSecretary, Department of Social Security v_ a'Beckett [1990] 26 FCR 349 Secretary, Department of Social Security v Smith [1991] 30 FCRBeadle v Director-General of Socia) Security [1985] 60 ALR 225 Re Ivovic and Director-General of Social Services [1981] 3 ALN N95
eta m fe} ecuri v [1991] 22 ALD G 167 of 1993
EINFELD J SYDNEY (heard in Brisbane)
PRINCIPAL, REGISTRY
11 NOVEMBER 1994
QUEENSLAND DISTRICT REGISTRY ) No. G 167 of 1993 GENERAL DIVISION ) Between: SECRETARY _OF ___THE DEPARTMENT OF _ SOCIAL SECURITY Applicant And: CHARLES DAVID THOMPSON _ Respondent. MINUTE OF ORDERS
The Court orders that:
1. the application be dismissed
2. the applicant pay the respondent's costs
Note: Settlement and entry of orders are dealt with in accordance with Order 36 of the Federal Court Rules.
EINFELD J SYDNEY (heard in Brisbane) 11 NOVEMBER 1994
QUEENSLAND DISTRICT REGISTRY ) No. G 167 of 1993 GENERAL DIVISION ) Between: SECRETARY __OF _'THE DEPARTMENT OF _ SOCTAL SECURITY Applicant And: CHARLES DAVID THOMPSON _ Respondent REASONS FOR JUDGMENT EINFELD SYDNEY NOVEMBER 1994
(heard in Brisbane)
This is an appeal by the Department of Social Security (the
Department) against a decision of the Administrative Appeals Tribunal (the Tribunal) on 17 September 1993 setting aside a decision of the Social Security Appeals Tribunal (SSAT) given on
2 April 1993.
The facts
There was no dispute about the facts. On 10 October 1985, when working for Queensland Railways at the age of 20, Mr Thompson fell from a train and lost his left arm, left leg and right foot. He sued for damages. While waiting for his case to be heard, he claimed and received sickness benefits and then workers' compensation by periodic payment until 24 September 1987, at which time he received the balance of his workers' compensation
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