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

Case

[2016] AATA 784

6 October 2016


Details
AGLC Case Decision Date
Anderson and Secretary, Department of Social Services (Social services second review) [2016] AATA 784 [2016] AATA 784 6 October 2016

CaseChat Overview and Summary

The Administrative Appeals Tribunal considered a dispute between Ms Anderson and the Secretary of the Department of Social Services concerning Ms Anderson's eligibility for an unlimited portability of her Disability Support Pension.

The primary legal issue before the Tribunal was to determine the correct date for assessing Ms Anderson's severe impairment for the purposes of the Disability Support Pension, specifically whether she met the threshold of 20 or more points under a single impairment table and her ability to work.

The Tribunal affirmed the original decision of the Department, finding that the relevant provisions of the Social Security Act 1991 (Cth) had been correctly applied. The Tribunal concluded that Ms Anderson did not meet the criteria for an unlimited portability of her pension based on the assessment of her impairment.
Details

Areas of Law

  • Administrative Law

  • Statutory Interpretation

Legal Concepts

  • Appeal

  • Judicial Review

  • Procedural Fairness

  • Statutory Construction