Federal Court of Australia
FEDERAL COURT OF AUSTRALIA SOCIAL SECURITY - carer's pension - whether handicapped person was a "severely handicapped person" within Social Security Act 1991 (Cth) s 198(3)(b) - handicapped person held not to be in need of frequent care in connection with "bodily functions". Social Security Act 1991 (Cth), ss 198(3)(b)(i), 198(3)(b)(ii) Seventy-Ninth Vibration Pty Ltd v The Chief Executive Officer of Customs (Drummond J, 19 February 1998, unreported), applied Re Seager and Director-General of Social Security (1984) 6 ALD 556, considered Re Kedwell and Secretary, Department of Social Security (1987) 7 AAR 243, considered WORDS AND PHRASES - "severely handicapped person", "bodily function". ALEXANDER DEME v DEPARTMENT OF SOCIAL SECURITY QG 185 of 1997 DRUMMOND J 9 MARCH 1998 BRISBANE
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QG 185 of 1997
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL
BETWEEN: ALEXANDER DEME
Applicant
AND: DEPARTMENT OF SOCIAL SECURITY
Respondent
JUDGE: DRUMMOND J
DATE OF ORDER: 9 MARCH 1998
WHERE MADE: BRISBANE
THE COURT ORDERS THAT: 1. The appeal be dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QG 185 of 1997
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL
BETWEEN: ALEXANDER DEME
Applicant
AND: DEPARTMENT OF SOCIAL SECURITY
Respondent
JUDGE: DRUMMOND J
DATE: 9 MARCH 1998
PLACE: BRISBANE
REASONS FOR JUDGMENT
This is an appeal from the Administrative Appeals Tribunal which, by its decision on appeal by the Department of Social Security, reversed the decision of the Social Security Appeals Tribunal which granted the appellant a carer's pension within s 198 the Social Security Act 1991 (Cth). Mrs Deme is in receipt of a social security pension granted because of a disability she suffers from due to a long standing condition of chronic fatigue syndrome. The appellant is her husband. The issue before the AAT was whether Mrs Deme was a "severely handicapped person" within the meaning of that in s 198(3) of the Act. The Tribunal held she was not.
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