Social Security preclusions in personal injury litigation.
This editorial scrutinises the impact of preclusion periods for social security entitlements upon personal injury practice. It identifies the differences in calculation in respect of the compensation part of lump sum payments, depending upon whether a plaintiff's case is settled or resolved by litigation. It examines the effect of s 1184K of the Social Security Act 1991 (Cth) and the circumstances in which the discretion to reduce or waive the preclusion period has been exercised in favour of recipients of lump sum payments. It argues that room remains for creative arguments on behalf of plaintiffs, highlighting the potential for the compensatory effect of the lump sum to be undercut if the preclusion provisions are fully applied.
Freckelton
Ian
I
I.Freckelton@vicbar.com.au
D035881:Compensation and Redress / Q000331:legislation & jurisprudence*; D006801:Humans; D008318:Malpractice / Q000191:economics*; D012943:Social Security / Q000331:legislation & jurisprudence*; D014739:Victoria