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

This matter concerned an appeal by CWYF against a decision of the Administrative Appeals Tribunal (AAT) affirming the Secretary of the Department of Social Services' refusal to grant a disability support pension. The core of the dispute revolved around whether CWYF met the criteria for a disability support pension, specifically concerning the severity and stability of their diagnosed medical conditions.

The AAT was required to determine whether CWYF suffered from a physical, intellectual, or psychiatric impairment that was fully diagnosed, fully treated, and fully stabilised within the relevant qualification period. Crucially, the Tribunal had to assess whether the overall impairment arising from these conditions equated to 20 points or more under the applicable impairment tables, as stipulated by section 94(1)(b) of the relevant Act.

The Tribunal found that while CWYF suffered from spinal, upper and lower limb, and mental health conditions, the overall impairment rating derived from these fully diagnosed, treated, and stabilised conditions was only 5 points. Consequently, CWYF did not satisfy the threshold requirement of 20 points or more under section 94(1)(b) of the Act. As this was a determinative factor, the Tribunal deemed it unnecessary to consider the further requirement of a continuing inability to work under section 94(1)(c). The decision of the AAT made on 6 April 2020 was therefore affirmed.