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

This matter concerned an application for a disability support pension by the applicant, Ms Darwich, against a decision of the Secretary, Department of Social Services. The central dispute revolved around whether the applicant's physical, intellectual, or psychiatric impairments met the criteria for qualification for the pension, specifically whether these impairments were fully diagnosed, treated, and stabilised, and whether they attracted 20 points or more under the relevant Impairment Tables. The case was heard by Linda Kirk SM.

The legal issues before the Tribunal were whether the applicant's various medical conditions, including a spinal condition and a mental health condition, were fully diagnosed, treated, and stabilised during the qualification period. If so, the Tribunal was required to determine the appropriate impairment rating for each condition in accordance with the Impairment Tables, and whether the total rating reached the threshold of 20 points necessary for qualification for the disability support pension.

The Tribunal's reasoning focused on assessing the evidence against the specific descriptors in the Impairment Tables. For the spinal condition, the Tribunal found that while the applicant's condition was permanent and attracted an impairment rating, the evidence supported a rating of five points, reflecting a mild functional impact. Regarding the mental health condition, the Tribunal was satisfied that the applicant suffered from major depressive disorder and generalised anxiety, which were permanent and attracted an impairment rating. However, the Tribunal applied section 11(1)(c) of the Impairment Tables, which mandates assigning the lower rating when an impairment falls between two levels, unless all descriptors for the higher level are met. The Tribunal concluded that the applicant did not satisfy the criteria for a moderate functional impact in relation to her mental health condition.

Ultimately, the Tribunal found that the applicant did not satisfy the legislative criteria under section 94(1)(b) of the Social Security Act 1991, as the total impairment rating did not reach the required 20 points. Consequently, the Tribunal affirmed the reviewable decision, meaning the applicant did not qualify for the disability support pension.