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

The Administrative Appeals Tribunal considered the appeal of Ms. Duthoit against a decision by the Secretary, Department of Social Services, to refuse her claim for a Disability Support Pension (DSP). The core dispute concerned whether Ms. Duthoit met the eligibility criteria for a DSP, specifically whether her medical conditions were fully diagnosed, fully treated, and fully stabilised, and whether these conditions resulted in an impairment rating of 20 points or more under the relevant Impairment Tables.

The Tribunal was required to determine if Ms. Duthoit had impairments that qualified for a DSP, and if so, whether the total impairment points awarded under the Impairment Tables reached the threshold of 20 points. This involved assessing whether her listed conditions, including diverticulitis, asthma, arthritis, foot bone spurs, ankle issues, a fractured back, kidney cysts, and blindness, were permanent in nature, meaning they were fully diagnosed, fully treated, and fully stabilised.

The Tribunal found that Ms. Duthoit's intellectual disability was fully diagnosed, treated, and stabilised, resulting in a mild functional impairment and attracting 5 points under Table 9 of the Impairment Tables. However, her spinal and diverticulitis conditions, while fully diagnosed, were not considered fully treated or stabilised, thus not meeting the criteria for permanence and preventing the assignment of impairment points. Similarly, her eyesight condition, though diagnosed, treated, and stabilised, caused minimal functional impact, attracting 0 points. Her plantar fasciitis and arthritis were also found not to be fully diagnosed, treated, or stabilised. Consequently, the Tribunal concluded that Ms. Duthoit's total impairment rating did not reach 20 points or more.

The Tribunal affirmed the decision under review, finding that Ms. Duthoit did not meet the requirements for a DSP based on the assessed impairment points.