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

This matter concerned an application for a disability support pension by Mr Aquilina, reviewed by the Secretary of the Department of Social Services. The applicant sought to establish qualification for the pension based on physical impairments, specifically cerebral palsy and epilepsy. The Senior Member of the Tribunal was required to determine whether the applicant met the legislative criteria for the pension, including the assessment of his impairments and his capacity to work.

The legal issues before the Tribunal were whether the applicant's conditions were fully diagnosed, treated, and stabilised, and whether he met the requirements for a continuing inability to work. This involved assessing his impairment rating against the relevant Impairment Tables and considering whether he satisfied the provisions relating to a Program of Support or a continuing inability to work as defined by the Social Security (Administration) Act 1999 and associated Determinations. The conjunctive nature of the qualification provisions meant that failure to satisfy any one criterion would result in disqualification.

The Tribunal found that while the applicant had established physical impairments, including epilepsy and cerebral palsy, and met the threshold of 20 points under the Impairment Tables, he failed to satisfy the requirement of a continuing inability to work. This failure stemmed from not meeting the criteria for participation in a Program of Support for the requisite 18-month period. The Tribunal noted that the applicant's epilepsy, though diagnosed in 1967 and treated with medication and surgery, had recurred and was not yet fully controlled despite recent treatment. Similarly, his cerebral palsy, diagnosed in 1960, caused spasticity and weakness, impacting his ability to use his left limbs and walk. However, the assessment of his capacity to work, particularly in relation to a structured program of support, was not met.

Consequently, the Tribunal affirmed the decision under review, meaning the applicant was not qualified for the disability support pension.