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

This matter concerned an application for review of a decision to reject Kerrie Dawson's claim for a disability support pension (DSP). Ms Dawson had lodged her claim on 2 February 2015, which was rejected by Centrelink on 12 March 2015, and this decision was affirmed on review by an Authorised Review Officer on 3 June 2015. The Social Services & Child Support Division of the Tribunal subsequently affirmed the rejection on 10 September 2015, leading to Ms Dawson's application for further review by the Tribunal.

The primary legal issue before the Tribunal was whether Ms Dawson qualified for a DSP. This required determining if she met the criteria set out in section 94 of the *Social Security Act 1991* (Cth). Specifically, the Tribunal had to assess whether Ms Dawson had a physical, psychological, or mental impairment that attracted a rating of 20 or more points under the *Social Security (Tables for the Assessment of Work-related Impairment for Disability Support Pension) Determination 2011* (Cth), and whether she had a continuing inability to work. The qualification period for assessing these criteria was from 2 February 2015 to 4 May 2015, although evidence outside this period could be considered if relevant to her condition during that time.

The Tribunal found that Ms Dawson suffered from several health conditions during the qualification period, including cervical and lumbosacral spine pathology, depression and anxiety, diverticular disease, and upper and lower limb pathology. However, the decision ultimately turned on the impending treatment for her diverticulitis. While the Tribunal acknowledged the unfortunate outcome for Ms Dawson, it affirmed the decision to reject her DSP claim. The Tribunal noted that there was no impediment to Ms Dawson lodging a fresh claim in the future, and that further and better evidence of her medical conditions and resulting impairments could assist any such future claim.