Callaghan 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 had listed viral illness and depression as his conditions. The Secretary of the Department of Social Services was the respondent. The dispute centred on whether the Applicant met the criteria for the DSP during the qualification period, specifically whether his impairments were severe enough to attract 20 points or more under the Impairment Tables and whether he had a continuing inability to work. The case was heard by the Hon. John Pascoe AC CVO, Deputy President.

The legal issues before the Tribunal were whether the Applicant suffered from a physical, intellectual, or psychiatric impairment during the qualification period, whether these impairments attracted 20 points or more under the Impairment Tables, and whether the Applicant had a continuing inability to work. The Tribunal was required to consider evidence relevant only to the Applicant's condition during the qualification period, as established in previous cases such as *Bobera* and *Fanning*.

The Tribunal found that the Applicant did suffer from relevant impairments during the qualification period, a fact conceded by the Respondent. Crucially, the Tribunal determined that the Applicant's impairments attracted more than 20 points under a single impairment table. This finding meant that the Applicant satisfied the "continuing inability for work" requirement under section 94(1)(c) of the *Social Security Act 1991* (Cth), and any participation in a program of support was not relevant to this determination.

Consequently, the Tribunal was satisfied that the Applicant met the criteria for the DSP at the date of his original application. The decision under review was set aside, and the Tribunal substituted a decision that the Applicant qualifies for the Disability Support Pension.