Cth v Smith

[2009] FCAFC 175

Full Court of the Federal Court

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Interrogate

Catchwords

1. Administrative Law
2. › Veterans' entitlements
3. › Disability pension
4. › Offsetting pension against compensation
5. › Lump sum compensation payment
6. › Whether pension and compensation paid in respect of incapacity from same injury
7. › Whether 'double dipping' provisions applicable where settlement expressly excluded injuries for which pension paid
8. › Veterans' Entitlements Act 1986 (Cth), s 30C
1. Statutory Interpretation
2. › Purposive construction
3. › Ordinary and grammatical meaning
4. › Distinction between 'incapacity' and 'injury' in statutory text
5. › Veterans' Entitlements Act 1986 (Cth), s 30C(1)(b), (c)

Quick Take

Section 30C(1) of the Veterans' Entitlements Act 1986 (Cth) requires that both the lump sum compensation payment and the disability pension be paid in respect of incapacity from the same injury. Where a common law settlement expressly excludes the injuries for which pension is paid, s 30C does not operate to permit offsetting of pension payments against the settlement sum.