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

This matter concerned an application for a Disability Support Pension (DSP) by Mr. Butterworth, who had ceased full-time work in 2014 following a workplace injury to his cervical spine. The Secretary, Department of Social Services, was the respondent. The Administrative Appeals Tribunal (AAT) was required to determine whether Mr. Butterworth met the eligibility criteria for the DSP.

The primary legal issues before the Tribunal were whether Mr. Butterworth suffered from a physical, intellectual, or psychiatric impairment, whether his diagnosed conditions resulted in impairments attracting 20 points or more under the Impairment Tables, and whether he had a continuing inability to work. Crucially, the Tribunal also had to consider whether Mr. Butterworth had undertaken a program of support as required by the relevant legislation, or if any exemptions applied.

The Tribunal found that Mr. Butterworth did suffer from impairments, including spinal conditions, depression, and adjustment disorder, satisfying the first limb of the eligibility criteria. Furthermore, the Tribunal determined that Mr. Butterworth's conditions attracted the required 20 impairment points under the Impairment Tables. However, because these points were derived from more than one table, indicating a non-severe impairment, Mr. Butterworth was also required to complete a program of support. As he had not done so, and no exemptions were found to apply, he failed to meet all the necessary requirements for the DSP.

Consequently, the Tribunal affirmed the decision under review, meaning Mr. Butterworth's application for the Disability Support Pension was unsuccessful.