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

This matter concerned an appeal by the Applicant against the cancellation of their disability support pension (DSP). The dispute centred on whether the Applicant met the eligibility requirements for DSP at the date of cancellation, specifically whether their diagnosed conditions, including post-traumatic stress disorder, major depression, ischaemic heart disease, and a left knee condition, resulted in an impairment rating of 20 points or more under the relevant Impairment Tables, and whether they had a continuing inability to work. The decision was made by the Administrative Appeals Tribunal (AAT).

The legal issues before the Tribunal were to determine if the Applicant had any physical, intellectual, or psychiatric impairments, and if so, whether these impairments attracted an impairment rating of 20 points or more under the Social Security (Tables for the Assessment of Work-related Impairment for Disability Support Pension) Determination 2011 (Cth). This involved considering whether the 20 points were achieved under a single Impairment Table, indicating a severe impairment, or across multiple tables, and crucially, whether the Applicant had a continuing inability to work.

The Tribunal's reasoning was guided by sections 80 and 94 of the Social Security Act 1991 (Cth) and section 80 of the Social Security (Administration) Act 1999 (Cth). It applied the principles set out in the Impairment Tables, which stipulate that the tables are function-based, not diagnosis-based, and are designed to assess the functional impact of impairment. The Tribunal concluded that, as at the cancellation date of 6 August 2018, the Applicant did not meet the qualification criteria for DSP. Consequently, the decision to cancel the Applicant's DSP on that date was affirmed.