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

This matter concerned an application for review of a decision by the Administrative Appeals Tribunal (AAT) to affirm a rejection of the applicant's claim for a Disability Support Pension (DSP). The applicant sought to challenge the AAT's determination that she did not meet the eligibility criteria for a DSP.

The primary legal issues before the Tribunal were whether the applicant suffered from a physical, intellectual, or psychiatric impairment during the relevant qualification period, whether this impairment was fully diagnosed, treated, and stabilised during that period and attracted an impairment rating of 20 points or more under the Impairment Tables, and whether she had a continuing inability to work. The Tribunal was required to consider the applicant's eligibility as at the date of her claim and for a period of 13 weeks thereafter, with any subsequent changes in her health being relevant only insofar as they shed light on her condition during that qualification period.

The Tribunal's reasoning centred on the interpretation of the qualification period for a DSP, which is established by section 4(1) of Schedule 2 of the Social Security (Administration) Act 1999 (Cth). This provision dictates that an applicant has 13 weeks from the date of claim to satisfy the eligibility requirements. The Tribunal affirmed that the review process does not extend this qualification period. Drawing on established case law, including *Gallacher v Secretary, Department of Social Services* and *Harris v Secretary, Department of Employment and Workplace Relations*, the Tribunal reiterated that only evidence pertaining to the applicant's condition within the qualification period is relevant, although later evidence may be admissible if it illuminates the condition during that time. The Tribunal considered various medical reports and other documentation to assess the applicant's impairments and their functional impact.

The Tribunal affirmed the AAT's decision, finding that the applicant had not met the criteria for a DSP during the relevant qualification period.