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

This matter concerned an application for a Disability Support Pension (DSP) by Mr Bartone, a 54-year-old man, against the Secretary of the Department of Social Services. Mr Bartone applied for the DSP citing several medical conditions, including depression, anxiety, obsessive-compulsive disorder, and various spinal and knee impairments. Centrelink had initially determined that Mr Bartone was manifestly medically ineligible, finding that his conditions were not fully diagnosed, treated, and stabilised at the time of his application, and that further treatment was likely to result in significant functional improvement. The matter came before the Tribunal for review.

The Tribunal was required to determine whether Mr Bartone met the criteria for a DSP, specifically whether he had a physical, intellectual, or psychiatric impairment, whether these impairments attracted a rating of 20 points or more under the Impairment Tables, and whether he had a continuing inability to work. A key consideration was whether Mr Bartone was required to undertake a program of support (POS), which is typically a prerequisite for DSP eligibility unless certain exceptions apply.

The Tribunal found that Mr Bartone did suffer from impairments, including depression, anxiety, and spinal and knee conditions, which were present during the qualifying period. Crucially, the Tribunal determined that Mr Bartone's impairments attracted 35 impairment points under the Impairment Tables, including 20 points for a severe impairment. This finding meant that Mr Bartone was not required to undertake a POS. Furthermore, the Tribunal was satisfied that Mr Bartone had a continuing inability to work.

Consequently, the Tribunal set aside the decision under review and remitted the matter for reconsideration with a direction that Mr Bartone satisfied all the necessary legislative requirements for the DSP.