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

This matter concerned an application for a Disability Support Pension (DSP) by the Applicant, who suffered from several conditions including chronic low back pain, depression, and knee and hip pain. The Respondent was the Secretary of the Department of Social Services. The case was heard by Dr Damien Cremean, Senior Member.

The primary legal issue before the Tribunal was whether the Applicant met the requirements for a DSP under section 94 of the Social Security Act 1991 (Cth). Specifically, the Tribunal had to determine if the Applicant's conditions were fully diagnosed, treated, and stabilised, and if they attracted an impairment rating of at least 20 points under the Impairment Tables, as required by section 94(1)(b) of the Act, given that the Applicant had not undertaken a program of support.

The Tribunal found that while the Applicant did suffer from several conditions, including depression, the critical requirement of section 94(1)(b) was not met. The Applicant had not undertaken a program of support, and therefore, his conditions needed to demonstrate a severe functional impact to attract the necessary 20 impairment points. The Tribunal noted that the Impairment Tables require a condition to be permanent, meaning it must be fully diagnosed, treated, and stabilised within a specific qualification period. The Applicant's inability to recall dates and the evidence suggesting his conditions were worsening rather than stabilising meant this requirement was not satisfied. Consequently, the Tribunal did not need to consider section 94(1)(c) of the Act.

The Tribunal affirmed the decision under review.