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

This matter concerned an appeal by Mr Di Fiore against a decision by the Secretary of the Department of Social Services regarding the unlimited portability of his Disability Support Pension (DSP). The core of the dispute revolved around whether Mr Di Fiore met the criteria for a severe impairment that would prevent him from undertaking any work independently of a program of support for at least the next five years. The case was heard by Mrs J C Kelly, Senior Member.

The legal issues before the Tribunal were whether Mr Di Fiore had a severe impairment, specifically an intellectual disability, and whether this impairment would continue for at least the next five years. Crucially, the Tribunal had to determine if this severe impairment would prevent Mr Di Fiore from performing any work independently of a program of support within that five-year period, as required for unlimited portability of the DSP.

The Tribunal considered medical evidence from Dr Pryor, who noted Mr Di Fiore's history of epilepsy, occasional blackouts, headaches, and a learning disability, expecting these to continue for more than 24 months. A psychological assessment by Mr Littleton indicated Mr Di Fiore's IQ was 72, placing him in the borderline range of intellectual functioning, and that he required supervision for daily activities. The Tribunal noted Mr Di Fiore's belief that he was only being reviewed due to his impending move to New Zealand. However, the Tribunal ultimately affirmed the reviewable decision, finding that Mr Di Fiore did not qualify for the unlimited portability period of the DSP.