Aird and Secretary, Department of Social Services (Social services second review)

This matter concerned an application for a Disability Support Pension (DSP) by an applicant, who appeared in person, against the Secretary of the Department of Social Services, represented by Ms Jasmine Forsyth of Mills Oakley. The Tribunal was required to consider whether the applicant's medical conditions were fully diagnosed, fully treated, and fully stabilised, and whether they attracted 20 points or more under the Impairment Tables during the relevant Qualification Period.

The central legal issue before the Tribunal was to determine if the applicant met the criteria for a DSP during the Qualification Period. This involved assessing whether the applicant's impairments attracted the requisite points under the Impairment Tables and, crucially, whether they demonstrated a continuing inability to work. The Tribunal noted that evidence submitted outside the Qualification Period could only be considered if it was referable to the applicant's condition during that period.

The Tribunal reasoned that while the applicant's impairments did attract 20 points under the Impairment Tables, satisfying one limb of the eligibility criteria, they failed to demonstrate a continuing inability to work. This failure meant the applicant did not satisfy section 94(1)(c) of the Social Security Act 1991 (Cth). Consequently, the Tribunal found that the applicant did not qualify for the DSP. The decision under review was affirmed.