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

The Administrative Appeals Tribunal considered the application of BVSC for a Disability Support Pension (DSP) against a decision by the Secretary, Department of Social Services. The core dispute concerned whether BVSC's various physical and mental health conditions met the criteria for receiving a DSP, specifically whether his impairments attracted a rating of 20 points or more under the relevant Impairment Tables and whether he had a continuing inability to work.

The Tribunal was required to determine if BVSC suffered from a physical, intellectual, or psychiatric impairment, if these conditions were fully diagnosed, treated, and stabilised, and likely to continue for at least two years. Crucially, it had to assess whether these conditions, when rated under the Social Security (Tables for the Assessment of Work-related Impairment for Disability Support Pension) Determination 2011, attracted 20 points or more. The Tribunal also needed to consider if BVSC had a continuing inability to work.

The Tribunal found that BVSC suffered from a mental health condition, spinal injuries, bilateral shoulder conditions, and left elbow pain, thus satisfying the initial impairment requirement. Applying the Impairment Tables, the Tribunal determined that BVSC's spinal condition attracted 10 points under Table 4 (Spinal Function). Furthermore, the Tribunal found that BVSC's Post Traumatic Stress Disorder (PTSD), stemming from childhood sexual abuse and exacerbated by subsequent life events, attracted 10 points under Table 5 (Mental Health Function). This brought his total impairment rating to 20 points. The Tribunal was also satisfied that BVSC had a continuing inability to work.

Consequently, the Tribunal set aside the original decision and substituted a new determination. It found that BVSC satisfied all the requirements of section 94 of the Social Security Act 1991 and was therefore qualified to receive the Disability Support Pension as at the date of his claim.