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

The Administrative Appeals Tribunal (AAT) considered the application for a Disability Support Pension (DSP) by Ms Betts against the Secretary, Department of Social Services. Ms Betts sought the DSP based on a range of physical and psychiatric impairments, including back pain, asthma, anxiety, depression, and osteoporosis. The central dispute revolved around whether Ms Betts' conditions met the criteria for a DSP, specifically concerning the severity of her impairments and whether she had undertaken a required program of support.

The legal issues before the Tribunal were whether Ms Betts suffered from a physical, intellectual, or psychiatric impairment; whether her conditions were fully diagnosed, treated, and stabilised, and likely to continue for at least two years; whether these conditions attracted a rating of 20 points or more under the Impairment Tables; and whether she had a continuing inability to work. The Tribunal also considered the definition of the "relevant period" for assessing these criteria, which for non-severe impairments, was the 36 months preceding the DSP claim.

The Tribunal found that Ms Betts did suffer from impairments, including mental health conditions, spinal and respiratory issues, and lower limb disorders, satisfying the initial requirement under section 94(1)(a) of the Social Security Act 1991. However, the critical determination was whether these impairments attracted a rating of 20 points or more under the Impairment Tables, as required by section 94(1)(b). While acknowledging the significant impact of her daughter's murder on her mental health and the exacerbation of her alcohol use disorder, the Tribunal did not find that her conditions, as presented and assessed by the medical evidence, met the threshold for a 20-point impairment rating under the Impairment Tables. The Tribunal affirmed the decision under review.