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

This matter concerned an application for a Disability Support Pension (DSP) by Mrs Chilton, who had previously been in receipt of the pension until its cancellation due to income testing. Mrs Chilton applied for the DSP again on 16 August 2017, citing a range of medical conditions including lupus, bipolar disorder, and spinal and knee conditions. The dispute before the Administrative Appeals Tribunal (AAT) was whether Mrs Chilton qualified for the DSP during the relevant period from 16 August 2017 to 15 November 2017.

The primary legal issues before the Tribunal were whether Mrs Chilton suffered from an impairment as defined by the Social Security Act 1991 (Cth), whether her impairments attracted a rating of 20 points or more under the Impairment Tables, and whether she had a continuing inability to work. A further consideration was the requirement for participation in a program of support, and whether any exemptions applied to Mrs Chilton's circumstances.

The Tribunal found that Mrs Chilton was living with impairments during the qualifying period, satisfying the first limb of the qualification criteria. Crucially, the Tribunal was satisfied that Mrs Chilton's impairments attracted 40 impairment points under the Impairment Tables, significantly exceeding the required 20 points, with a severe functional impact stemming from her spinal condition. The Tribunal also found that she met the criterion of a continuing inability to work. Consequently, the Tribunal set aside the decision under review and remitted the matter for reconsideration with a direction that Mrs Chilton satisfied the relevant sections of the Social Security Act 1991 (Cth) for qualification for the DSP.