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

This matter concerned an application for review of a decision by the Secretary, Department of Social Services, to refuse Mrs Chaplin a Disability Support Pension (DSP). The Administrative Appeals Tribunal (AAT) was required to determine whether Mrs Chaplin was qualified for DSP at the time of her claim.

The legal issues before the Tribunal were whether Mrs Chaplin had a physical, intellectual, or psychiatric impairment; whether her diagnosed conditions had been fully diagnosed, treated, and stabilised and were likely to continue for at least two years; whether her impairments attracted 20 points or more under the Social Security (Tables for the Assessment of Work-related Impairment for Disability Support Pension) Determination 2011; and whether she had a continuing inability to work.

The Tribunal found that Mrs Chaplin suffered from a range of physical and psychiatric conditions, satisfying the first limb of the qualification criteria. Regarding the Impairment Tables, the Tribunal considered evidence concerning Mrs Chaplin's anxiety and depression, including reports from her general practitioner and a clinical psychologist. The Tribunal concluded that, at the time of her application, Mrs Chaplin met the requirement of having 20 points under the Impairment Tables. However, the Tribunal also found that she did not have a severe impairment and had not completed a program of support, meaning she did not satisfy the criterion of a continuing inability to work. Consequently, Mrs Chaplin did not qualify for DSP.