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

This matter concerned an appeal by Mr Carey against a decision by the Secretary of the Department of Social Services regarding his eligibility for a Disability Support Pension (DSP). The core of the dispute revolved around whether Mr Carey's diagnosed mental health conditions were fully treated and stabilised to the extent required for the assignment of impairment points under the relevant Impairment Tables.

The legal issues before the Tribunal were whether Mr Carey's mental health conditions met the criteria for a 20-point assignment under Table 5 of the Impairment Tables, specifically concerning social and recreational activities and travel, and whether his conditions could be considered fully treated and stabilised. The Tribunal also considered the weight to be given to the evidence of various medical professionals and Mr Carey's own testimony regarding his treatment and travel patterns.

The Tribunal acknowledged Mr Carey's significant and long-standing mental health conditions. While it accepted that his extensive travel, including overseas trips, was not undertaken in a typical tourism sense but rather to accompany his father or due to a sense of restlessness stemming from his disorder, it found that this travel pattern did impact his ability to meet Descriptor (b) of the social/recreational activities and travel criteria. Crucially, the Tribunal noted a lack of evidence of regular psychiatric consultation since his long-standing psychiatrist retired in 2011. Although a letter from Professor Castle indicated ongoing severe disability, the Tribunal found that the sporadic nature of these consultations, particularly in the claim period, meant Mr Carey's condition could not be considered fully treated and stabilised for the purposes of the claim lodged on 27 August 2015.

Consequently, the Tribunal affirmed the decision that Mr Carey was not qualified for the DSP in the relevant claim period.