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

The Administrative Appeals Tribunal (AAT) considered an appeal by Mr Chamberlain concerning his eligibility for a disability support pension (DSP). The Secretary of the Department of Social Services had affirmed a decision to refuse the pension. The central dispute revolved around whether Mr Chamberlain's medical conditions met the criteria for a DSP qualification during the relevant assessment period.

The primary legal issues before the Tribunal were whether Mr Chamberlain's impairments could be assigned a rating of 20 points or more under the Impairment Tables, and if so, whether he had a continuing inability to work. Crucially, the Tribunal was required to assess these matters within a specific 13-week qualification period, from 10 August 2018 to 9 November 2018. The Tribunal also had to consider how evidence of treatment occurring after this assessment period should be treated.

The Tribunal reasoned that for an impairment rating to be assigned under the Impairment Tables, the underlying condition must be permanent, meaning it has been fully diagnosed, fully treated, and fully stabilised. The determination of whether a condition is fully treated and stabilised requires consideration of the treatment undertaken and planned, and its likely future effect, within the assessment period. Evidence of treatment efficacy after the assessment period is not directly relevant to this determination. The Tribunal found that Mr Chamberlain was not qualified for a DSP during the relevant assessment period.

Consequently, the Tribunal affirmed the decision under review.