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

The Administrative Appeals Tribunal considered an application by Mr Betts for a disability support pension under the *Social Security Act 1991* (Cth). The Secretary of the Department of Social Services was the respondent. The core of the dispute concerned whether Mr Betts met the qualification criteria for the pension, specifically regarding his capacity to work.

The Tribunal was required to determine whether Mr Betts suffered from a physical, intellectual, or psychiatric impairment that resulted in a continuing inability to work. This assessment would involve considering the Impairment Tables and whether the level of impairment met the threshold for qualification. A secondary issue arose concerning Mr Betts' provision of care to his elderly father prior to the qualification period, with the respondent arguing this constituted full-time employment.

The Tribunal rejected the respondent's submission that Mr Betts' care for his father amounted to full-time employment. It found that the support provided, which included assistance with dressing, cutting food, and companionship, was limited in scope and frequency (approximately twice a week). Consequently, the Tribunal was not satisfied that this care constituted full-time employment. The Tribunal set aside the previous decision of the Administrative Appeals Tribunal and substituted a new decision finding that Mr Betts was qualified for a disability support pension as at the date of his claim, 16 November 2020.