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

This matter concerned an appeal by an applicant against a decision of the Secretary, Department of Social Services, affirming a decision to refuse a disability support pension. The Administrative Appeals Tribunal was required to determine whether the applicant had impairments, whether those impairments attracted 20 points or more under the relevant Impairment Tables, and if so, whether the applicant had a continuing inability to work.

The Tribunal considered the applicant's physical and mental health conditions, including right foot, spinal, mental health, and diabetes issues. The primary legal issue was whether these conditions, individually or in combination, met the threshold for a disability support pension under the Social Security Act 1991. Specifically, the Tribunal had to assess if the applicant's impairments attracted 20 points or more under the Impairment Tables and if there was a continuing inability to work, which included a requirement for active participation in a program of support unless an exemption applied.

The Tribunal found that the applicant did have impairments under section 94(1)(a) of the Act. However, after reviewing the evidence and the applicant's own testimony regarding his functional capacity, the Tribunal determined that the applicant's right foot and spinal conditions were fully diagnosed, treated, and stabilised, but did not attract 20 points under the Impairment Tables individually. Furthermore, the Tribunal concluded that the applicant had not actively participated in a program of support and therefore did not meet the continuing inability to work requirement under section 94(1)(c) of the Act. The Tribunal noted that the 20 points were assigned across multiple tables rather than a single severe impairment. Consequently, the decision under review was affirmed.