Private Motor Vehicle Ownership in Australian Social Security Law

Journal of Social Security Law (2014), 22(1), 32-49.

20 Pages Posted: 5 Feb 2016

See all articles by Kieran Mark Tranter

Kieran Mark Tranter

Griffith University - Griffith Law School

Judith Kelly

Griffith University, Griffith Law School, Students

Date Written: 2014

Abstract

This paper argues that Australian social security law recognises a "right" to private motor vehicle ownership. It substantiates this argument by examining a series of Administrative Appeals Tribunal (AAT) decisions concerning s1184K 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 before being 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.

Keywords: Social Security Law, Administrative Review, Motor Vehicle

Suggested Citation

Tranter, Kieran Mark and Kelly, Judith, Private Motor Vehicle Ownership in Australian Social Security Law (2014). Journal of Social Security Law (2014), 22(1), 32-49., Available at SSRN: https://ssrn.com/abstract=2728150

Kieran Mark Tranter (Contact Author)

Griffith University - Griffith Law School ( email )

Nathan Campus, GU
Nathan 4111
Australia

Judith Kelly

Griffith University, Griffith Law School, Students ( email )

Nathan Campus, GU
Nathan
Australia

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