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

This matter concerned an application for a Disability Support Pension (DSP) by the applicant, Delta, against a decision by the Secretary, Department of Social Services. The core dispute revolved around whether the applicant's medical conditions resulted in an impairment rating sufficient to qualify for the DSP under the *Social Security Act 1991* (Cth). The case was heard by P J Clauson AM SM.

The Tribunal was required to determine several key issues. These included whether the applicant had fully diagnosed, treated, and stabilised physical, intellectual, or psychiatric conditions during the relevant period. Crucially, the Tribunal had to assess whether these conditions warranted an impairment rating of 20 points or more under the Impairment Tables, either through a severe impairment under a single table or by completing a program of support. Finally, the Tribunal needed to consider whether the applicant had a continuing inability to work.

The Tribunal accepted that the applicant had impairments for the purposes of the Act. However, it found that the applicant's heart condition, despite requiring significant medical intervention including stenting and bypass surgery, and subsequent hospitalisations, did not attract the necessary impairment points. This finding was influenced by the applicant's documented non-compliance with medication regimes, particularly when consuming alcohol, and her continued smoking and alcohol misuse, as noted in discharge reports and by her cardiologist. The Tribunal concluded that the applicant's conditions could only be assigned 10 impairment points, falling short of the 20-point threshold required for a DSP.

Consequently, the decision under review, which denied the DSP, was affirmed. The applicant did not qualify for the pension as her assessed impairment rating was insufficient.