Social Security preclusions in personal injury litigation
Freckelton, I.
Journal of Law and Medicine 13(1): 5-14
2005
ISSN/ISBN: 1320-159X PMID: 16117154 Document Number: 590119
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.