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

The Administrative Appeals Tribunal considered an appeal by Mr Brien against a decision by the Secretary of the Department of Social Services to cancel his disability support pension. The core of the dispute concerned whether Mr Brien met the eligibility criteria for the pension at the time of the cancellation.

The Tribunal was required to determine whether Mr Brien's medical conditions were fully diagnosed, treated, and stabilised as at 1 December 2014, and whether these conditions attracted a rating of 20 points or more under the relevant impairment tables. Specifically, the Tribunal needed to assess if any of Mr Brien's impairments, including mental health conditions and chronic polysubstance dependence, were considered severe for the purposes of the Social Security Act 1991.

The Tribunal found that as at the date of cancellation, Mr Brien did not qualify for a disability support pension. The decision under review was therefore set aside and substituted with a new decision to that effect. The Tribunal noted that if Mr Brien's circumstances have changed since the cancellation date, he is at liberty to submit a new application for the pension at any time.