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

This matter concerned an appeal by Miss Assaf against the Secretary of the Department of Social Services' decision to cancel her disability support pension. The central dispute revolved around whether Miss Assaf's impairments, at the date of cancellation, rated 20 or more points under the Impairment Tables as required by section 94 of the relevant Act. The Secretary accepted that Miss Assaf suffered from several conditions, including myotonic dystrophy, non-insulin dependent diabetes, polycystic ovary syndrome, and a carotid artery condition, satisfying the initial criterion of having a physical, intellectual, or psychiatric impairment.

The Administrative Appeals Tribunal was required to determine if Miss Assaf's impairments met the threshold of 20 points or more on the Impairment Tables, a prerequisite for receiving a disability support pension, and whether these impairments were permanent. The Tribunal considered the definition of impairment as a loss of functional capacity affecting a person's ability to work, and the criteria for a condition to be considered permanent, which includes being fully diagnosed, fully treated, and fully stabilised, with an expectation of persisting for more than two years. The Tribunal also had to apply the rule that if an impairment rating falls between two levels, the lower rating is assigned unless all descriptors for the higher level are satisfied.

The Tribunal found that Miss Assaf's myotonic dystrophy was rated at 5 points under Table 1. It was not necessary to consider the second limb of section 94, concerning a continuing inability to work, as the primary impairment rating threshold had not been met. The Tribunal noted, however, that Miss Assaf was working approximately 16-25 hours per week at the date of cancellation. Consequently, the Tribunal affirmed the Secretary's decision to cancel the disability support pension.