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

The Administrative Appeals Tribunal considered the eligibility of Mr Dujmovic for a Disability Support Pension (DSP) following the cancellation of his existing pension. The dispute centred on whether Mr Dujmovic met the impairment criteria required to qualify for the DSP.

The primary legal issue before the Tribunal was to determine the total number of impairment points to be assigned to Mr Dujmovic under the relevant tables, specifically Table 4, as at the date his DSP was cancelled. This determination was crucial to ascertain if he met the threshold for qualification.

The Tribunal found that Mr Dujmovic was assigned a total of only 5 impairment points. It applied section 94(1)(b) of the Social Security Act 1991, which mandates that a person must be assigned 20 or more impairment points to be qualified for a DSP. As Mr Dujmovic did not meet this minimum requirement, the Tribunal concluded that the original decision to cancel his DSP was correct. Accordingly, the Tribunal affirmed the decision under review.