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

The Administrative Appeals Tribunal reviewed a decision by the Secretary of the Department of Social Services concerning the Applicant's eligibility for a Disability Support Pension. The Applicant, aged 61, sought the pension due to several health conditions, primarily focusing on bowel and bladder issues, including diverticular disease, which had previously necessitated colostomy and ileostomy procedures. The core dispute revolved around whether the Applicant's conditions were fully diagnosed, treated, and stabilised during the relevant qualification period, and the degree of her impairment.

The Tribunal was required to determine if the Applicant met the legislative criteria for a Disability Support Pension, specifically whether her medical conditions were of a sufficient severity and duration to render her unable to work. This involved assessing the evidence presented regarding the diagnosis, treatment, and stabilisation of her various ailments, particularly her bowel and bladder dysfunction, during the qualification period. The Applicant's own evidence, along with any corroborating medical reports or statements, were central to this assessment.

The Senior Member found that the Applicant was entitled to the Disability Support Pension with effect from the date of her claim, specifically in relation to her bowel condition. The Tribunal set aside the original decision and substituted a new one. While the Applicant provided evidence of numerous health issues, the decision focused solely on the bowel condition as the basis for entitlement, making no specific findings regarding her other health conditions beyond their relevance to the bowel issue.