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

This matter concerned an appeal to the Administrative Appeals Tribunal (AAT) regarding the eligibility of BJFP for a disability support pension. BJFP had claimed the pension based on conditions including right ear sensorineural hearing loss, bilateral tinnitus, and left ear hyperacusis. The Secretary of the Department of Social Services had previously determined that BJFP's conditions were not fully treated and stabilised within the relevant qualification period, nor did they attract the requisite impairment rating under the Impairment Tables, nor did they result in a continuous inability to work.

The AAT was required to determine whether BJFP's medical conditions were fully treated and stabilised during the qualification period. It also had to assess whether the combined impairments attracted a rating of 20 points or more under the Impairment Tables, and whether BJFP was continuously unable to undertake remunerative work.

The Tribunal found that the evidence before it indicated that BJFP's conditions had not been fully treated and stabilised within the qualification period. Furthermore, the Tribunal concluded that the combined impairments did attract a rating of 20 points or more under the Impairment Tables. Consequently, the Tribunal set aside the decision under review and remitted the matter to the Secretary for reconsideration with a direction that BJFP qualified for a disability support pension.