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

This matter concerned an application for a Disability Support Pension (DSP) by Ms Debs, who was 63 years of age at the time of the application. The dispute centred on whether Ms Debs met the eligibility criteria for the DSP, specifically concerning the severity of her impairments and her capacity to work. The decision was made by Ms A E Burke AO, Member, of the Administrative Appeals Tribunal.

The legal issues before the Tribunal were whether Ms Debs suffered from a physical, intellectual, or psychiatric impairment; whether her diagnosed, treated, and stabilised conditions resulted in impairments attracting 20 or more points under the Impairment Tables; and whether she had a continuing inability to work. A further consideration was the requirement for a program of support (POS) to have been undertaken or be ongoing, and whether Ms Debs' circumstances exempted her from this requirement.

The Tribunal found that Ms Debs suffered from several impairments, including autoimmune hepatitis, right shoulder condition, ulnar nerve neuropathy, osteoarthritis of the left knee, depression, osteoporosis, metacarpal fracture, and cataracts, thereby satisfying the first limb of the eligibility criteria. Crucially, the Tribunal determined that Ms Debs' impairments attracted 30 points under the Impairment Tables, exceeding the required 20 points. This high rating meant that Ms Debs was not required to undertake a program of support, as her impairment was considered severe. The Tribunal also found that Ms Debs had a continuing inability to work, satisfying the final criterion for the DSP. Consequently, the Tribunal set aside the previous decision and remitted the matter for reconsideration with a direction that Ms Debs satisfied all the necessary legislative requirements for the DSP.