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

This matter concerned an application for a disability support pension (DSP) by Mr Crerar, following the rejection of his claim by the Secretary of the Department of Social Services. An authorised review officer had affirmed the initial rejection, as had a first review. Mr Crerar then sought a second review by the Tribunal. The core of the dispute revolved around whether Mr Crerar met the legislative criteria for a DSP, specifically concerning the severity of his physical, intellectual, or psychiatric impairments as assessed under the Impairment Tables, and whether he had a continuing inability to work.

The Tribunal was required to determine if Mr Crerar's impairments, arising from his renal condition, neck and back issues, and skin condition, reached the threshold of 20 points or more under the relevant Impairment Tables. If not, the Tribunal also had to consider whether he had a continuing inability to work. The legislation required that for a DSP qualification, an applicant must have a physical, intellectual, or psychiatric impairment that is assessed as 20 points or more under the Impairment Tables. If this threshold was not met under a single table, the applicant would need to demonstrate a continuing inability to work.

The Tribunal found that Mr Crerar had physical impairments stemming from his renal condition, neck and back, and skin. Specifically, his renal condition, requiring a kidney transplant and lifelong immunosuppressant medication, resulted in fatigue and increased susceptibility to skin cancers. The Tribunal accepted that the fatigue was permanent and likely to persist for more than two years, and that Mr Crerar was unable to stand for more than two hours. These impairments were assessed under Table 1 (Functions requiring physical exertion and stamina) and Table 14 (Functions of the Skin). However, the Tribunal concluded that Mr Crerar did not attain 20 points or more under any single table. Consequently, the Tribunal affirmed the decision under review, meaning Mr Crerar's application for a disability support pension was not successful on this occasion.