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

This matter concerned an appeal by the applicant, Falaniko, against a decision of the Secretary of the Department of Social Services affirming a refusal to grant a disability support pension (DSP). The appeal was heard by Deputy President McDermott of the Administrative Appeals Tribunal.

The primary legal issues before the Tribunal were whether the applicant met the eligibility requirements for a DSP under section 94(1) of the relevant Act, specifically concerning the severity and permanence of her impairment, and her continuing inability to work. The Tribunal was required to assess the applicant's condition within a defined qualification period and consider the impact of her treatment compliance and the potential for functional improvement.

The Tribunal's reasoning focused on the criteria for assessing permanence and stability of an impairment under the Social Security (Tables for the Assessment of Work-related Impairment for Disability Support Pension) Determination 2011. For an impairment to be considered permanent, it must be fully diagnosed, treated, stabilised, and likely to continue for more than two years. The Tribunal noted that the applicant's own reports indicated a significant possibility of functional improvement with treatment, and that she was not fully compliant with treatment recommendations. Furthermore, the applicant's reported functional capacity, including her ability to manage daily living and her effort tolerance on level ground, resulted in an impairment rating of only 10 points, which was insufficient to meet the threshold for a DSP.

The Tribunal affirmed the decision under review, finding that the applicant had not satisfied the requirements for a disability support pension.