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

The Administrative Appeals Tribunal considered the eligibility of Mr Cole for the Disability Support Pension (DSP) in a review of a decision by the Secretary of the Department of Social Services. The central dispute concerned whether Mr Cole's impairments met the criteria for receiving the DSP.

The Tribunal was required to determine if Mr Cole's impairments were fully diagnosed, fully treated, and fully stabilised, and crucially, whether these impairments attracted a rating of 20 or more points under the relevant Impairment Tables as stipulated by section 94(1)(b) of the Social Security Act 1991 (Cth). The Tribunal also needed to consider if Mr Cole had a continuing inability to work, although this became secondary to the points assessment.

The Tribunal's reasoning focused on the assessment of Mr Cole's impairments against the Impairment Tables. It found that Mr Cole's impairments attracted only 10 points, which fell short of the required 20 points necessary to qualify for the DSP. The Tribunal noted that common impairments are typically rated under only one Impairment Table. As Mr Cole did not meet the 20-point threshold, he did not satisfy a fundamental criterion for DSP qualification, rendering it unnecessary to further assess his capacity to work.

Consequently, the Tribunal affirmed the reviewable decision, finding that Mr Cole was not qualified for the DSP on the date of his claim and did not become qualified in the relevant period.