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

This matter concerned an appeal by Mr John Brownlow against a decision of the Social Services and Child Support Division to decline his claim for a Disability Support Pension. The purported impairments relied upon by Mr Brownlow included a spinal condition and a mental health condition. The Administrative Appeals Tribunal (AAT) was required to determine whether Mr Brownlow met the eligibility criteria for the pension, specifically concerning the severity and impact of his impairments.

The primary legal issues before the Tribunal were whether Mr Brownlow's impairments satisfied the requirements of section 94(1)(a) and (b) of the *Social Security Act 1991* (Cth). Section 94(1)(a) requires a person to have a physical, intellectual, or psychiatric impairment, while section 94(1)(b) mandates that the impairment must be assessed as 20 points or more under the relevant Impairment Tables. The Tribunal also considered the principle that eligibility for the Disability Support Pension is assessed based on the applicant's condition during a specific "Qualification Period," and that evidence outside this period is only relevant if it pertains to the condition during that time.

The Tribunal found that Mr Brownlow did suffer from impairments for the purposes of section 94(1)(a), specifically a spinal condition and a mental health condition. However, regarding section 94(1)(b), the Tribunal determined that the spinal condition was not fully stabilised or treated within the Qualification Period, as investigations were ongoing and reasonable treatment measures had not been followed. Furthermore, the mental health condition was not fully diagnosed according to statutory requirements. Consequently, the Tribunal concluded that Mr Brownlow did not satisfy section 94(1)(b) of the Act.

As Mr Brownlow failed to satisfy section 94(1)(b), the Tribunal affirmed the decision of the Social Services and Child Support Division to decline his claim for the Disability Support Pension.