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

This matter concerned an application for a disability support pension by the applicant, Mr Duncan, against the Secretary of the Department of Social Services. The dispute centred on whether the applicant's impairments met the threshold required for qualification for the pension. The case was heard by Senior Member Bill Stefaniak AM RFD of the Administrative Appeals Tribunal.

The Administrative Appeals Tribunal was required to determine whether the applicant's impairments, specifically relating to lower limb function, brain function, and spinal function, were rated at 20 points or more under a single table as prescribed by the relevant legislation. Additionally, the Tribunal needed to assess whether the applicant had a continuing inability to work, considering the nature and severity of his impairments.

The Tribunal considered evidence regarding the applicant's ability to walk and use mobility aids, concluding that while he qualified for 10 points under Table 3 for lower limb function, he did not meet the 20-point threshold as he could mobilise independently and stand without assistance. For brain function (Table 7), the Tribunal agreed with a rating of 5 points, noting the applicant's mild difficulties with daily activities such as memory and concentration, despite his need for extended time to process information due to pain and medication. The Tribunal also considered evidence concerning spinal function (Table 4), including the applicant's past ability to fly a plane. Ultimately, the Tribunal set aside the previous decision and found the applicant qualified for a disability support pension from 12 October 2016, noting his age and the improbability of his conditions improving.