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 against a decision of the Secretary, Department of Social Services. The core dispute revolved around whether the Applicant's impairments were sufficiently severe 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, and if so, whether this constituted a severe impairment under a single table or if the Applicant had completed a program of support. Finally, the Tribunal needed to consider whether the Applicant had a continuing inability to work.

In its consideration, the Tribunal accepted that the Applicant had impairments for the purposes of the Act. However, the Respondent contended that these impairments did not attract the requisite 20 points. The Tribunal examined the Applicant's heart condition, noting surgical interventions and subsequent hospitalisations. It also highlighted evidence of the Applicant's non-compliance with medication, particularly when consuming alcohol, and her ongoing smoking and alcohol misuse, which were noted in medical reports and discharge summaries. The Applicant's cardiologist had recommended adherence to therapy and complete cessation of smoking and drinking, acknowledging the difficulties involved.

Ultimately, the Tribunal found that the Applicant's conditions could only be assigned 10 impairment points during the relevant period. Consequently, the Applicant did not qualify for the DSP. Accordingly, the decision under review was affirmed.