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

The Administrative Appeals Tribunal considered an appeal by an applicant against the Secretary of the Department of Social Services' decision to cancel their Disability Support Pension. The central dispute concerned whether the applicant's medical conditions met the criteria for receiving a Disability Support Pension under the relevant legislation, specifically regarding the severity of their impairments as assessed by the Impairment Tables.

The Tribunal was required to determine two key legal issues. Firstly, whether the applicant's medical conditions were fully diagnosed, treated, and stabilised, a prerequisite for assigning an impairment rating. Secondly, the Tribunal had to ascertain whether the applicant's impairments attracted a rating of 20 points or more on the Impairment Tables, considering Tables 5 (Mental Health Function), 2 (Upper Limb Function), and 3 (Lower Limb Function).

The Tribunal's reasoning focused on the definition of "permanent" impairment, which requires a condition to be fully diagnosed, treated, stabilised, and likely to persist for more than two years. The Tribunal noted that impairment ratings can only be assigned in accordance with the specific ratings in each table, and if an impairment falls between two ratings, the lower rating is assigned unless all descriptors for the higher rating are satisfied. Furthermore, where multiple conditions cause a common impairment, a single rating should be assigned under a single table. In this instance, the Tribunal found that the applicant's impairments did not rate 20 or more points on the Impairment Tables, rendering it unnecessary to consider the applicant's continuing inability to work. Consequently, the Tribunal affirmed the decision under review.