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

This matter concerned an appeal by the applicant against the Secretary of the Department of Social Services' decision to refuse his claim for a Disability Support Pension (DSP). The applicant, aged 64, had lodged two prior unsuccessful DSP applications. His 2022 claim related to injuries sustained in a 2013 car accident and alleged side effects from a COVID-19 vaccine received in late 2021. The Administrative Appeals Tribunal (AAT) conducted the hearing via telephone.

The Tribunal was required to determine several key issues. These included identifying the relevant period for assessing the applicant's claim, whether he had a physical, intellectual, or psychiatric impairment during that period, and if so, whether these impairments were capable of being assigned 20 points or more under the Impairment Tables. Further, the Tribunal had to ascertain if any such impairments constituted a "severe impairment" (20 points or more under a single table) or, if not, whether the applicant had a continuing inability to work or had participated in a Program of Support.

The Tribunal reasoned that the relevant period for assessing the applicant's eligibility for a DSP was a 13-week period ending on 26 May 2022, following his claim lodgement on 24 February 2022. While it was not contested that the applicant suffered from several conditions during this period, the Tribunal found that he did not satisfy the requirements of sections 94(1)(b) and 94(1)(c) of the *Social Security Act 1991* (Cth) during the relevant period. Consequently, the Tribunal affirmed the decision under review.