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

This matter concerned an appeal by Mr Boughen against a decision of the Secretary of the Department of Social Services (DSS) to affirm a determination that he did not qualify for a Disability Support Pension. The Administrative Appeals Tribunal (AAT) was required to determine whether Mr Boughen met the eligibility criteria for the pension, specifically whether he had at least 20 impairment points under the relevant social security legislation.

The central legal issue before the Tribunal was the assessment of Mr Boughen's functional capacity and the resulting impairment points. The Tribunal had to consider the evidence presented regarding Mr Boughen's conditions and how they impacted his ability to work, in accordance with the legislative requirements for the Disability Support Pension.

The Tribunal found that, based on the evidence before it, Mr Boughen had only accumulated 10 impairment points. This was insufficient to meet the threshold of 20 impairment points required for the grant of a Disability Support Pension. Consequently, the Tribunal affirmed the decision under review.