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

This matter concerned an appeal by the applicant, BPPB, against a decision of the Secretary of the Department of Social Services. The dispute centred on whether the applicant qualified for a disability support pension, specifically whether her mental health condition resulted in an impairment rating of at least 20 points under the relevant Impairment Tables and whether she had a continuing inability to work. The case was heard by Member C Edwardes.

The legal issues before the Tribunal were threefold: first, whether the applicant suffered from any physical, intellectual, or psychiatric impairment; second, if so, whether these impairments attracted ratings of at least 20 points under the Impairment Tables; and third, whether the applicant had a continuing inability to work as defined by the Social Security Act 1991. The Secretary accepted that the applicant's psychological condition was diagnosed, treated, and stabilised during the qualification period, and that it could be rated under the Impairment Tables, specifically Table 5 for mental health conditions.

The Tribunal considered extensive evidence, including medical reports and job capacity assessments. While acknowledging the applicant's severe mental health condition, including PTSD, major depression, and anxiety, the Tribunal found that the evidence did not support an impairment rating of 20 points or more. Specifically, the Tribunal noted that the applicant lived independently, cared for her children, drove, and maintained her household, which did not align with descriptors requiring regular support for independent living or significant limitations in travel. Furthermore, regarding concentration and task completion, the Tribunal found that the applicant had not demonstrated a difficulty concentrating for more than 10 minutes, as required by the relevant descriptors. The Tribunal also noted the absence of evidence suggesting the applicant or her medical team sought exemption from a program of support.

Consequently, the Tribunal concluded that the applicant did not meet the criteria for a disability support pension. The decision of the Administrative Appeals Tribunal (AAT1) affirming the Secretary's original decision was therefore affirmed.