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

This matter concerned an application for review of a decision by the Social Services and Child Support Division of the Administrative Appeals Tribunal (SSCSD) which affirmed a rejection of the applicant's claim for a Disability Support Pension (DSP). The applicant, aged 53, claimed DSP based on back and leg pain, and nerve damage. His initial claim was rejected by Centrelink, and this decision was subsequently affirmed by an Authorised Review Officer. The SSCSD also affirmed the decision, leading to the applicant's request for review by the General Division of the Administrative Appeals Tribunal.

The primary legal issues before the Tribunal were whether the applicant's medical conditions were permanent, whether he had a severe impairment, and whether he had a continuing capacity for work. The Tribunal also considered whether the applicant had participated in a program of support. The applicant contended that his pain, as reported by his surgeon and GP, rendered him unfit for work.

The Tribunal found that while the applicant had a permanent physical impairment, specifically a lower limb condition that could be assigned an impairment rating of 10 under the relevant tables, it was not satisfied that the recommended treatment for his spinal condition was unreasonable. Crucially, the Tribunal determined that the applicant retained a continuing capacity for work and had not participated in a program of support. The Tribunal also expressed concerns about the applicant's credibility, noting inconsistencies between his oral evidence and specialist reports regarding his ability to perform household tasks and his capacity to remain seated.

Consequently, the Tribunal affirmed the SSCSD's decision, finding that the applicant was not eligible for a Disability Support Pension during the relevant period.