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

The Administrative Appeals Tribunal (AAT) considered the appeal of Ms Austin against the Secretary, Department of Social Services, concerning her eligibility for a Disability Support Pension (DSP). Ms Austin lodged her claim on 5 August 2021, listing several medical conditions including depression, dyslexia, Kienböck’s disease, arthritis, and high blood pressure. The Department rejected her claim, finding that her conditions did not meet the threshold of 20 impairment points required for the DSP. An Authorised Review Officer affirmed this decision, and subsequently, the AAT also affirmed the rejection.

The primary legal issue before the AAT was whether Ms Austin’s impairments, as assessed on the date of her claim (5 August 2021) or within the subsequent 13-week qualification period, resulted in an impairment rating of 20 points or more under the relevant Impairment Tables. This required the Tribunal to determine if her various medical conditions were fully diagnosed, fully treated, and fully stabilised during that specific period.

The Tribunal's reasoning centred on the legislative requirements for assessing DSP eligibility, particularly the concept of the "start day" for a claim. It was established that the assessment must be confined to the applicant's condition during the qualification period, which in Ms Austin's case, concluded on 4 November 2021. The AAT found that while Ms Austin's Kienböck’s disease was permanent, it only attracted 10 impairment points. Other conditions, such as osteoarthritis, diabetes, and hypertension, were found to be fully diagnosed but not fully treated or stabilised. Furthermore, her anxiety and depression were not sufficiently diagnosed, treated, or stabilised to meet the criteria. The Tribunal emphasised that any deterioration or change in her medical conditions occurring after the qualification period was irrelevant to the current application and would necessitate a new claim.

Consequently, the Tribunal affirmed the decision under review, finding that Ms Austin did not meet the legislative criteria for the DSP during the relevant qualification period. The AAT noted that this outcome did not diminish the severity of her conditions but reflected a failure to meet the specific legal requirements at that time. Ms Austin was advised that she could lodge a new claim with updated evidence of her conditions.