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

This matter concerned an appeal by the Secretary, Department of Social Services, against a decision of the Social Services and Child Support Division of the Administrative Appeals Tribunal. The Tribunal had affirmed a decision that Mr Crocker continued to qualify for a disability support pension (DSP).

The central legal issue before the Tribunal was whether Mr Crocker continued to qualify for a DSP at the time his pension was cancelled.

The Tribunal concluded that Mr Crocker did continue to qualify for the DSP at the time of the cancellation. While not relevant to the assessment of the cancellation, the Tribunal noted that evidence presented regarding subsequent bone fractures suggested a deterioration in Mr Crocker's osteoporosis, which, if assessed contemporaneously with corroborative medical evidence, might lead to a greater functional impairment and thus entitlement to impairment points under Table 3. The Tribunal affirmed the decision that Mr Crocker continued to qualify for the disability support pension.