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

The Administrative Appeals Tribunal (AAT) considered the case of Mr Graham Booth, who sought a review of the decision to reject his claim for a disability support pension (DSP). The applicant, a 63-year-old male, had his claim rejected on the basis that his impairments did not meet the required threshold of 20 points or more under the Impairment Tables, and that he did not have a continuing inability to work. An authorised review officer and the Social Services and Child Support Division of the AAT had previously affirmed this decision.

The legal issues before the Tribunal were whether the applicant qualified for DSP within the relevant period (14 July 2015 to 13 October 2015). This involved determining if he had an impairment, if the conditions causing the impairment were fully treated, diagnosed, or stabilised within that period, if the total impairment rating reached 20 points or more, and crucially, whether he had a continuing inability to work, which included an assessment of his participation in a program of support.

The Tribunal found that the applicant did have both physical impairments arising from his urological and respiratory conditions, and a psychiatric impairment. It was satisfied that his urological condition was permanent, fully diagnosed, and stabilised within the relevant period, despite the respondent's contention that he was still recovering from surgery. The Tribunal noted that there was no evidence that further treatment would lead to significant functional improvement enabling him to work in the next two years. However, the Tribunal ultimately concluded that the applicant did not have a continuing inability to work because he had not actively participated in a program of support within the relevant period.

Consequently, the Tribunal affirmed the decision under review, finding that the applicant did not qualify for a DSP.