Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ascic v Secretary, Department of Social Services [2016] FCA 1122 Appeal from: Ascic v Secretary, Department of Social Services [2015] AATA 637
File number(s): WAD 562 of 2015
Judge(s): SIOPIS J
Date of judgment: 14 September 2016
Catchwords: SOCIAL SECURITY – the first applicant applied for a disability support pension – the second applicant, her husband, applied for a carer payment – the husband was in receipt of periodic payments from Comcare for a workplace injury suffered in 1988 – whether the Comcare payments were to be regarded as "compensation" for the purposes of s 17(2) of the Social Security Act 1991 (Cth)
Legislation: Compensation (Commonwealth Employees) Act 1971 (Cth) ss 45(2), 61(1)(a), 103, 103(1), 103(1)(a), (b), (c), 103(2) Safety, Rehabilitation and Compensation Act 1988 (Cth) Pt X, ss 125(1), 126(2), 126(4), 128 Social Security Act 1991 (Cth) ss 17, 17(2), 17(2A), 1173, 1173(1), 1173(2), 1174, 1174(1), 1184K(1), 1064-F5, 1064-F14 Administrative Appeals Tribunal Act 1975 (Cth) s 44
Cases cited: Haritos v Commissioner of Taxation (2015) 233 FCR 315
Date of hearing: 29 April 2016
Registry: Western Australia
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
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