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

The Administrative Appeals Tribunal considered the application of Mr Derrick for a disability support pension, which had been reviewed by the Secretary of the Department of Social Services. The core of the dispute concerned whether Mr Derrick met the eligibility criteria for the pension, specifically whether he had an impairment rating of 20 points or more under the relevant Impairment Tables and whether he had a continuing inability to work.

The Tribunal was required to determine two primary legal issues. Firstly, whether Mr Derrick's assessed impairment, particularly concerning his mental health function, reached the threshold of 20 points or more as stipulated by the Impairment Tables. Secondly, the Tribunal had to assess whether, based on his impairments, Mr Derrick possessed a continuing inability to work.

The Tribunal affirmed the decision under review. While the specific reasoning regarding the impairment rating and continuing inability to work is not detailed in the provided text, the outcome indicates that Mr Derrick's condition was assessed as not meeting the required 20-point threshold under the Impairment Tables for his mental health function, nor was he found to have a continuing inability to work. The Tribunal noted that Mr Derrick is entitled to lodge a new application should his circumstances change.