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

The Administrative Appeals Tribunal considered an application for a Disability Support Pension (DSP) made by the Applicant, Daniel, against a decision by the Secretary of the Department of Social Services. The central dispute concerned whether the Applicant's medical conditions, which arose from a workplace injury in 2001 or 2002, met the criteria for receiving the DSP at the time of his claim or within the subsequent 13 weeks.

The Tribunal was required to determine if the Applicant's impairments attracted 20 points or more under the relevant legislation, and if so, whether these conditions were fully diagnosed, treated, and stabilised, and likely to persist for the foreseeable future. The Tribunal also had to consider whether the Applicant's impairments resulted in a continuing inability to work.

The Tribunal applied the principle that its assessment must be based on the Applicant's condition at the date of the claim or within 13 weeks thereafter. Any subsequent progression of a medical condition, even if supported by later medical reports, cannot be used to award a DSP if the eligibility criteria were not met during the relevant period. The Tribunal noted that if a condition has progressed since the original application, the applicant should lodge a new claim.

Ultimately, the Tribunal affirmed the decision under review. While acknowledging the Applicant had an impairment, it found that he had not satisfied the cumulative requirements of section 94(1) of the Social Security Act 1991, which includes the threshold of attracting 20 points or more.