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

The applicant, Mr Aziz, sought review of a decision by the Secretary of the Department of Social Services to cancel his disability support pension. The review was conducted by Ms N Isenberg, Senior Member, of the Administrative Appeals Tribunal. The central dispute concerned whether Mr Aziz qualified for the disability support pension at the date of cancellation, specifically whether his impairments attracted a rating of 20 or more impairment points under the relevant Impairment Tables.

The Tribunal was required to determine if Mr Aziz's medical conditions were fully diagnosed, treated, and stabilised as at the date his disability support pension was cancelled. This determination was crucial for assessing whether any impairment rating could be assigned under the Impairment Tables. The Tribunal also needed to consider, if an impairment rating was established, whether Mr Aziz had a continuing inability to work, although this latter point became unnecessary to decide.

The Senior Member reasoned that the recently resumed treatment of Mr Aziz by his doctor supported a conclusion that his condition was fully diagnosed, treated, and stabilised at the time of cancellation. Consequently, no impairment rating could be assigned. As the Tribunal was not satisfied that Mr Aziz's conditions attracted a rating of 20 or more impairment points, it was unnecessary to consider his continuing inability to work. The Tribunal affirmed the decision under review.