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

This matter concerned an application by the Applicant for a review of a decision by the Social Security Appeals Tribunal. The Applicant sought a disability support pension, and the core of the dispute revolved around whether she met the criteria for this pension, particularly in light of the *Social Security (International Agreements) Act 1999* and the relevant agreement with New Zealand. The review was heard by R. Pintos-Lopez SM.

The legal issues before the Tribunal were whether the Applicant was totally unable to work for a continuous period of at least two years, as required by Article 2(2) of the New Zealand Agreement, and whether she met the other requirements for a disability support pension. The Tribunal had to consider medical evidence, some of which was prepared outside the relevant qualification period but was deemed relevant for its potential to illuminate the Applicant's condition during that time.

The Tribunal's reasoning focused on the Applicant's work history and her ability to engage in employment, even on a casual or minor basis, during the qualification period. The Applicant's own account indicated she had worked in various capacities, including as a picker and packer, and had experienced back pain which worsened over time. However, the Tribunal found that her ability to work, however limited, meant she did not satisfy the stringent requirement of being totally unable to work for the requisite two-year period under the New Zealand Agreement.

Consequently, the Tribunal affirmed the decision under review.