DICKMAN and SECRETARY, DEPARTMENT OF SOCIAL SERVICES (Social services second review)

This matter concerned an appeal to the Administrative Appeals Tribunal (Social Services and Child Support Division) by Mr Dickman against a decision by the Secretary of the Department of Social Services regarding his eligibility for a Disability Support Pension. The core of the dispute revolved around whether Mr Dickman met the criteria for the pension during the relevant qualification period, specifically concerning his level of impairment and continuing inability to work.

The Tribunal was required to determine whether Mr Dickman's circumstances satisfied the requirements of section 94(1)(b) and (c) of the relevant social security legislation during the qualification period. These provisions typically relate to the assessment of a person's level of impairment and their continuing inability to work in any capacity.

The Tribunal found that Mr Dickman's circumstances did indeed satisfy the stipulated criteria under section 94(1)(b) and (c) of the Act during the qualification period. Consequently, the Tribunal concluded that he qualified for the Disability Support Pension. The decision of the Administrative Appeals Tribunal made on 18 December 2018 was set aside, and the matter was remitted to the Secretary for further action in accordance with the Tribunal's findings.