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

The Administrative Appeals Tribunal considered the case of Bontes and the Secretary, Department of Social Services, concerning an application for a Disability Support Pension (DSP). The applicant, who suffered from a range of conditions including anxiety, selective mutism, chronic widespread pain syndrome, and postural orthostatic tachycardia syndrome (POTS), was represented by her mother due to her inability to attend the hearing in person. The Secretary, Department of Social Services, was the respondent.

The central legal issues before the Tribunal were whether the applicant had a physical, intellectual, or psychiatric impairment, whether this impairment rated at least 20 points under the Impairment Tables, and whether she had a continuing inability to work, all within the period of 28 March 2018 to 27 June 2018, as required by the Social Security Act 1991 (Cth). The Tribunal also had to consider the definition of "reasonable treatment" in determining if the applicant's conditions were fully treated and stabilised.

The Tribunal reasoned that while the applicant's conditions were complex and had not been fully treated or stabilised, this did not reflect negatively on her or her mother's efforts. It acknowledged that treatment options remained available that could potentially manage and ameliorate her conditions. Ultimately, the Tribunal found that the applicant did not meet the impairment rating requirement for the DSP.

The Tribunal affirmed the reviewable decision, which was the decision of the Administrative Appeals Tribunal dated 26 April 2019.