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Kumar v Secretary, Department of Social Services [2017] FCA 158

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ADMINISTRATIVE LAW - eligibility for disability support pension - appellant suffered multiple work-related injuries leading him to cease employment - appeal from a decision of the Federal Circuit Court of Australia on questions of law - construction of s 94 of the Social Security Act 1991 (Cth) - where certain appeal grounds were not raised before the Federal Circuit Court - whether the primary judge erred in the construction of "continuing inability to work" as defined in s 94(2) of the Act - whether the primary judge erred in the construction of "program of support" (s 94(5) of the Act) - whether the appellant was required to have "actively participated in a program of support" (s 94(2)(aa) of the Act) following changes to the legislation - whether the primary judge erred in failing to consider questions of law - whether the primary judge erred in the construction of ss 94(1)(c)(i) and 94(2)(aa) of the Act. COSTS - whether appellant is liable for costs of unsuccessful appeal - whether the primary judge erred in ordering appellant to pay costs of unsuccessful application. Held: appeal dismissed

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