Scott v Secretary, Department of Social Security [1999] FCA 1774

FEDERAL COURT OF AUSTRALIA

Scott v Secretary, Department of Social Security [1999] FCA 1774

SOCIAL SECURITY – whether review form for special benefits an "initial claim" for disability support pension – whether Social Security Act creates duty of care Administrative Appeals Tribunal Act 1975 (Cth) s 60(1) Social Security Act 1991 (Cth) ss 100(2), 1296

Secretary, Department of Social Security v Cooper (1990) 21 ALD 155 applied Secretary, Department of Social Security v Hissey (unreported, 592/368 AAT No 9042, 14 July 1993 at par 11) mentioned Byrne v Australian Airlines Ltd (1995 185 CLR 410 at 424 applied X (Minors) v Bedfordshire County Council [1995] 2 AC 633 at 731-732 applied Re Fry and Secretary Department of Social Security (1990) 20 ALD 709 at 711 approved Northern Territory v Mengel (1995) 185 CLR 307 at 345 applied

RALPH SCOTT v SECRETARY, DEPARTMENT OF SOCIAL SECURITY NO. VG 666 of 1996 RALPH SCOTT & ANOR v J R HANDLEY, SENIOR MEMBER, ADMINISTRATIVE APPEALS TRIBUNAL & ANOR NO. VG 69 OF 1997 HEEREY J 16 DECEMBER 1999 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 666 OF 1996

BETWEEN: RALPH SCOTT

First Applicant

AND: SECRETARY, DEPARTMENT OF SOCIAL SECURITY

Respondent

VG 69 OF 1997

BETWEEN: RALPH SCOTT

First Applicant

SOPHIE SCOTT

Second Applicant

AND: J R HANDLEY, SENIOR MEMBER, ADMINISTRATIVE APPEALS TRIBUNAL

First Respondent

SECRETARY, DEPARTMENT OF SOCIAL SECURITY

Second Respondent

JUDGE: HEEREY J

DATE OF ORDER: 16 DECEMBER 1999

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: VG 66 of 1996 1. Appeal is allowed. 2. Decision of Administrative Appeals Tribunal made on 15 October 1996 is set aside. 3. Declare the applicant was entitled to payment of disability support pension from 19 June 1995 to 5 October 1995. 4. Order that the respondent pay to the applicant the amount of such pension for such period less any amount already paid by way of special benefit. 5. Order that the respondent pay to the applicant interest on the amount payable under Order 4 at a commercial rate to be agreed upon or in default of agreement to be fixed by a Deputy Registrar. 6. Order respondent pay applicant's costs to be taxed including reserved costs.