Brewer; Secretary, Department of Social Services (Social services second review)

The Secretary of the Department of Social Services sought review of a decision concerning Mr Brewer's eligibility for a disability support pension. The dispute centred on whether Mr Brewer's medical conditions met the criteria for the pension, specifically regarding the severity and duration of his impairments. The matter was heard by K Millar M.

The primary legal issues before the court were whether Mr Brewer possessed a physical, intellectual, or psychiatric impairment, whether this impairment rated 20 points or more under the Impairment Tables, and whether he had a continuing inability to work. Crucially, these conditions needed to be fully diagnosed, fully treated, and fully stabilised within a 13-week period following Mr Brewer's initial contact with Centrelink on 7 May 2015, meaning the assessment period concluded on 7 August 2015.

The court considered the requirements of section 94 of the *Social Security Act 1991*, which mandates a physical, intellectual, or psychiatric impairment rated at 20 points or more, and a continuing inability to work. While the Secretary did not dispute that Mr Brewer suffered from a physical impairment, the court focused on the Impairment Tables. To qualify for a rating, a condition must be permanent, meaning fully diagnosed, fully treated, fully stabilised, and likely to persist for more than two years. A condition is considered fully stabilised if further reasonable treatment is unlikely to lead to significant functional improvement enabling work within the next two years. The court found that Mr Brewer's impairment did not meet the 20-point threshold.

Consequently, the court set aside the decision under review and substituted it with a decision that Mr Brewer was not qualified for a disability support pension, as he failed to meet the requirement of having an impairment rating of 20 points or more under the Impairment Tables.