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

This matter concerned an application for a disability support pension by Ms Dunn against the Secretary of the Department of Social Services. The core dispute revolved around whether Ms Dunn met the criteria for the pension, specifically concerning the diagnosis, treatment, and stabilisation of her medical conditions and the resulting impairment during a relevant qualification period. The case was heard by Deputy I Hanger QC P.

The legal issues before the court were whether Ms Dunn had a physical, intellectual, or psychiatric impairment that was diagnosed, treated, and stabilised during the qualification period, and whether this impairment resulted in a rating of at least 20 points under the relevant Impairment Tables. The court was required to determine if Ms Dunn satisfied the test for a continuing inability to work for at least 15 hours per week, as stipulated by sections 94(2)(a) and (b) of the Social Security Act.

The court's reasoning focused on the strict requirement to consider only the applicant's medical conditions and the impairment arising from them during the specific qualification period. Despite evidence from general practitioners suggesting significant ongoing and potentially deteriorating conditions, the court found that during the qualification period, Ms Dunn's arthritis, depression, social phobia, and other listed conditions were not fully diagnosed, treated, and stabilised. Consequently, no impairment ratings could be applied. The court also noted that a Job Capacity Assessment Report indicated a work capacity of between 15 and 22 hours per week, which did not satisfy the requirement of a continuing inability to work for at least 15 hours per week.

Ultimately, the Tribunal affirmed the decision to reject Ms Dunn's claim for a disability support pension, concluding that she had not satisfied the requirements of section 94(1)(b) of the Social Security Act due to her conditions not being diagnosed, treated, and stabilised within the relevant qualification period.