29 Apr 1997
The claim was not 'lodged' before 1 October 1992 because the statutory framework (s93(2) of the 1982 Act) required written notice; oral discussion/advice does not satisfy that requirement; therefore claimant is not entitled to transitional benefits under the 1982 Act and attendant care payments cannot be backdated to the date of birth.
31 Jan 1997
On the evidence the appellant failed to prove on the balance of probabilities that a claim was lodged and received by the Corporation before 1 October 1992; absent proof of posting/receipt the lodgement requirement was not met and the appeal must be dismissed.
6 Mar 1996
The appellants failed to prove on the balance of probabilities that a claim was lodged with the Corporation before 1 October 1992; the evidence (doctor's uncertain recollection, absence of records and lack of indicia that the meeting was treated as a claim) is insufficient, and Corporation policy does not retrospectively create agency to cure the statutory lodgement requirement, therefore s147 entitlement is not established and the appeals must be dismissed.