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

This matter concerned an application for review of a decision by the Secretary of the Department of Social Services regarding the applicant's eligibility for a Disability Support Pension. The applicant contended that they qualified for the pension during the relevant qualification period due to a range of physical and mental health conditions.

The primary legal issue before the Tribunal was whether the applicant's various medical conditions, including spinal, upper and lower limb issues, depression, and erectile dysfunction, resulted in a level of impairment that attracted 20 points or more under the Impairment Tables. This threshold is a prerequisite for satisfying the medical criteria for a Disability Support Pension under section 94 of the relevant Act.

The Tribunal found that the applicant's level of impairment did not reach the required threshold of 20 points under the Impairment Tables. Consequently, the Tribunal was relieved of the necessity to consider the further requirements of section 94 of the Act, namely the applicant's work capacity or participation in programs of support, as these only become relevant if the 20-point threshold is met. The decision under review was affirmed.