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

This matter concerned an appeal by the applicant, Brooks, against a decision of the Secretary, Department of Social Services, affirming a decision that the applicant was not entitled to a Disability Support Pension. The dispute centred on whether the applicant's medical conditions met the legislative requirements for the pension, specifically the need for conditions to be fully diagnosed, treated, and stabilised.

The Administrative Appeals Tribunal was required to determine whether the applicant's conditions were fully treated and stabilised during the relevant qualification period. This determination was a prerequisite to assessing the applicant's level of impairment against the Impairment Tables and considering the legislative requirements regarding a continuing inability to work.

The Tribunal found that there was no indication that the applicant's wrist condition, or any other condition, had been comprehensively treated or stabilised during the qualification period. Consequently, none of the applicant's conditions could be assessed against the Impairment Tables to accord points. The Tribunal noted the applicant's genuine suffering and difficulties navigating Centrelink processes, but concluded that the decision under review, which denied entitlement to the pension, should be affirmed. The Tribunal suggested that the applicant consider making a fresh claim for the DSP based on her current health status, a matter which both parties were encouraged to consider further.