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

This matter concerned an appeal by Mr Childs against a decision of the Secretary, Department of Social Services, affirming a decision to refuse him a disability support pension. The central dispute revolved around whether Mr Childs met the legislative requirements for the pension, specifically whether he had a certain level of impairment as defined by the relevant tables.

The court was required to determine whether Mr Childs' impairments attracted an impairment rating of 20 or more points under the relevant tables of the Social Security (Impairment Assessment) Determination 2015. This involved assessing whether his diagnosed conditions were permanent and likely to persist for more than two years, and whether the functional impact of these conditions met the threshold for the pension.

The court considered evidence from medical reports and functional assessments. It found that while Mr Childs had several diagnosed conditions, including diverticular disease, lumbar spine impairment, and shoulder impairment, not all of these attracted an impairment rating. Specifically, nerve damage was discounted due to a lack of medical evidence, and arthritis in the right shoulder was found to have minimal functional impact. The court applied the principles that an impairment rating can only be assigned if a condition is permanent, meaning it has been fully diagnosed, treated, stabilised, and is likely to persist for more than two years, and that the Impairment Tables are function-based, assessing the level of functional impact rather than the conditions themselves.

The court concluded that Mr Childs' impairments did not attract an impairment rating of 20 or more points. Consequently, the decision under review was affirmed.