30 Apr 1997
The appellant was a transitional claimant under s.135(3)-(4); 'entitlement' for the purposes of s.147 includes a bare or inchoate entitlement despite cover not being accepted by 1 April 1993; because no election was made by the prescribed date s.147 applies and the deemed election to the Independence Allowance follows; appeal dismissed.
20 Feb 1997
Section 147(2A) imposes an absolute statutory prerequisite that a claim be lodged before 1 October 1992 and estoppel or waiver cannot be used to require the Corporation to make payments it is not authorised to make; therefore the appellant, having not lodged a claim before that date, is not entitled to lump sum compensation and the Corporation's decision is confirmed.
22 Nov 1996
The appeal is dismissed because s.147 imposes a strict written-election deadline for lump sum claims where cover was previously accepted under the 1982 Act; the appellant failed to lodge the required written election by 31 March 1993 and therefore is not eligible for a lump sum award, only for assessment for an Independence Allowance.
27 Nov 1995
Section 147 mandates a written election by 31 March 1993 and, as construed in Webster (22/94), neither the respondent nor the court has discretion to accept a late election; failure to comply requires deeming or denial under the statutory scheme, so the appeal must be dismissed.
22 Aug 1995
Because s.147 required a written election no later than 31 March 1993 and the appellant did not lodge such an election, the statutory deeming provision applies and the court has no discretion to accept a late election; therefore the appeal is dismissed.
27 Jul 1995
The appellant failed to make the written election required by section 147(2) by 31 March 1993 and the C15 medical certificate did not constitute such an election; accordingly the appellant is barred from lump sum compensation and is deemed to have elected an independence allowance under s147(3).