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

This matter concerned an appeal by the Applicant against a decision by the Secretary of the Department of Social Services to refuse her application for a Disability Support Pension. The Applicant contended that she had impairments that were fully diagnosed, treated, and stabilised, and that these impairments were severe. The Respondent, the Secretary, accepted that the Applicant had impairments and that these could accumulate to 20 points across multiple Impairment Tables, but argued this did not constitute a "severe impairment" under the relevant legislation.

The primary legal issues before the Tribunal were whether the Applicant had a "severe impairment" for the purposes of the Social Security Act 1991 (Cth), and if not, whether she satisfied the requirements relating to a "program of support". Specifically, the Tribunal had to determine if the Applicant's impairments, when assessed under the Impairment Tables, reached the threshold for a severe impairment, or if she had actively participated in a program of support that would allow her to qualify for the pension.

The Tribunal found that while the Applicant's conditions were permanent and could be attributed 20 points accumulatively across different Impairment Tables, this did not amount to a "severe impairment" as defined by the Act. The Tribunal noted that for a claimant without a severe impairment, specific conditions must be met, including active participation in a program of support. The Applicant's attendance at a job placement provider, Sarina Russo, commenced after her application for the pension, and there was no evidence of her having signed up for a recognised program of support within the three years prior to her application. As a program of support cannot post-date the application date, the Tribunal concluded that the Applicant had not satisfied the program of support requirements.

Consequently, the Tribunal affirmed the decision under review, finding that the Applicant did not qualify for the Disability Support Pension because she did not have a severe impairment and had not satisfied the program of support requirements.