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

This matter came before B J Illingworth SM of the Administrative Appeals Tribunal concerning a claim for a Disability Support Pension (DSP). The applicant sought to challenge the decision of the Secretary, Department of Social Services, which had affirmed a prior rejection of her DSP claim. The core dispute revolved around whether the applicant's various physical and psychiatric conditions met the criteria for receiving a DSP.

The legal issues before the Tribunal were threefold: firstly, whether the applicant's medical conditions were fully diagnosed, treated, and stabilised (FDTS) during the relevant qualification period; secondly, whether any single condition attracted an impairment rating of at least 20 points, signifying a severe impairment; and thirdly, whether the applicant had a continuing inability to work. It was also noted that if the applicant's severe impairment rating was derived from a combination of conditions totalling 20 points, she would need to demonstrate active participation in a program of support.

The Tribunal considered the definition of a permanent condition as one that is FDTS within the qualification period, which for this applicant was from 11 September 2018 to 31 January 2019. The Tribunal noted that the applicant did not dispute not having completed a program of support, nor did she claim any exemption. Therefore, the onus was on her to demonstrate a severe impairment of at least 20 points from a single condition and a continuing inability to work. The Secretary accepted that the applicant suffered from both physical and psychiatric impairments, satisfying one limb of the DSP eligibility criteria.

The Tribunal affirmed the decision of the ARO and the AAT1. It found that while the applicant's spinal disorder was considered FDTS, it only attracted an impairment rating of 5 points. The Tribunal determined that her other claimed conditions were not FDTS at the time of her claim. Consequently, the applicant's total impairment rating was assessed at five points, which was insufficient to meet the threshold for a DSP.