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

This matter concerned an application for review of a decision by the Administrative Appeals Tribunal (AAT) that affirmed a decision rejecting the applicant's claim for a Disability Support Pension (DSP). The applicant had lodged a claim for DSP, which was initially rejected by Centrelink, and this decision was subsequently affirmed by an Authorised Review Officer. The AAT then affirmed the Authorised Review Officer's decision, leading to the present application for review before the General Division of the Administrative Appeals Tribunal.

The legal issues before the Tribunal were whether the applicant's medical conditions were fully diagnosed, treated, and stabilised within the relevant qualification period, and whether these conditions attracted an impairment rating of at least 20 points under a single Impairment Table, as required by section 94(3B) of the Social Security Act 1991. Additionally, the Tribunal considered whether the applicant satisfied the requirement of a severe impairment for a single condition, given his non-participation in a program of support.

The Tribunal reasoned that to qualify for a DSP, an applicant must demonstrate a severe impairment, defined as an impairment attracting 20 points or more under a single Impairment Table, and that this condition must have been fully diagnosed, treated, and stabilised within the qualification period. The applicant provided evidence of his mental health conditions and low back pain, and the Tribunal heard evidence from his clinical psychologist and a medical practitioner engaged by the respondent. Ultimately, the Tribunal found that the applicant had not satisfied the legislative requirements for the DSP. The decision under review was affirmed.