Private Motor Vehicle Ownership in Australian Social Security Law

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Tranter, Kieran
Kelly, Judith
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2014
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Abstract

This paper argues that Australian social security law recognises a qualified right to private motor vehicle ownership. It substantiates this argument by examining a series of Administrative Appeals Tribunal ( AAT) decisions concerning s.1184K of the Social Security Act 1991 (Cth). The section allows the waiver in "special circumstances" of preclusion periods for applicants who have been awarded lump sum payments. The decisions show that applicants are not required to sell a modest motor vehicle in order to be eligible for social security payments. In doing so the AAT appears to be recognising the significance of automobility in Australia-that social and economic participation in Australia depends on the forms of mobility provided by the private motor vehicle.

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Journal of Social Security Law

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21

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1

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Administrative Law

Law

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