Storey and Secretary, Department of Social Services (Social services second review)

Case

[2022] AATA 60

18 January 2022


Details
AGLC Case Decision Date
Storey and Secretary, Department of Social Services (Social services second review) [2022] AATA 60 [2022] AATA 60 18 January 2022

CaseChat Overview and Summary

This matter concerned an appeal by Mr Storey against a decision of an authorised review officer regarding the calculation of a preclusion period for social security purposes. The Administrative Appeals Tribunal (AAT) considered the correct commencement and end dates for this preclusion period, which arose from a lump sum compensation payment received by Mr Storey.

The central legal issue before the Tribunal was whether the preclusion period had been correctly calculated by the Department of Social Services. Specifically, the Tribunal was required to determine the accurate start date for the preclusion period, which would in turn dictate its duration and the consequent impact on Mr Storey's eligibility for social security payments.

The Tribunal affirmed the conclusion reached by the authorised review officer, finding that the preclusion period had indeed been incorrectly calculated. Applying the relevant legislative provisions, the Tribunal determined that the preclusion period should commence on 29 July 2016 and conclude on 26 September 2024. Consequently, the Tribunal set aside the decision under review and substituted it with its own determination reflecting these corrected dates.
Details

Areas of Law

  • Administrative Law

  • Statutory Interpretation

Legal Concepts

  • Appeal

  • Judicial Review

  • Statutory Construction

  • Remedies