Secretary, Department of Social Security v Chin [1999] FCA 44

FEDERAL COURT OF AUSTRALIA

Department of Social Security v Chin [1999] FCA 44

SOCIAL SECURITY – appeal from Administrative Appeals Tribunal – disability support pension – respondent a profoundly deaf child– whether Tribunal correct in concluding unskilled labour unsuited to respondent due to potential psychological and other impact. WORDS AND PHRASES- "any work" Social Security Act 1991 (Cth) s 94 Re Hamal and Department of Social Security (1993) AAR 137, considered Re Warren v Department of Social Security AAT No. 9711, 2 September 1994 (unreported), considered SECRETARY, DEPARTMENT OF SOCIAL SECURITY v CHIN WAG 32 OF 1998

R D NICHOLSON J 3 FEBRUARY 1998 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAG 32 OF 1998

BETWEEN: SECRETARY, DEPARTMENT OF SOCIAL SECURITY

Applicant

AND: MEI LIN (GRACE) CHIN

Respondent

JUDGE: R D NICHOLSON J

DATE OF ORDER: 3 FEBRUARY 1999

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The decision of the Administrative Appeals Tribunal made on 6 February 1998 be set aside. 3. The decision of the Social Security Appeals Tribunal dated 7 February 1997 be set aside. 4. The decision made by the delegate of the applicant on 26 June 1996 as affirmed by an authorised review officer on 16 October 1996 to reject the respondent's application for disability support pension be affirmed. 5. There be no order as to costs.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAG 32 OF 1998

BETWEEN: SECRETARY, DEPARTMENT OF SOCIAL SECURITY

Applicant

AND: MEI LIN (GRACE) CHIN

Respondent

JUDGE: R D NICHOLSON J

DATE: 3 FEBRUARY 1999