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

The Administrative Appeals Tribunal considered the entitlement of the applicant to a Disability Support Pension (DSP) following a decision by the Social Services and Child Support Division (SSCSD) which affirmed an earlier refusal of her claim. The applicant had listed several conditions, including Dupuytren's contracture, a chemical burn to the throat, and psychiatric injury.

The Tribunal was required to determine whether the applicant's 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 also needed to consider if the applicant met the residency requirements and was entitled to a DSP under the Agreement on Social Security between Australia and New Zealand, although this latter point became moot.

The Tribunal found that while the applicant's mental health condition was fully diagnosed, treated, and stabilised, it only resulted in a mild functional impairment, attracting 5 points under Table 5. The applicant's Dupuytren's contracture was diagnosed but not fully treated or stabilised, and therefore not considered permanent for the purposes of the Impairment Tables. Similarly, her irritable bowel syndrome and chemical burn to the throat were not considered fully diagnosed, treated, or stabilised. Consequently, the Tribunal concluded that the applicant's impairments did not attract the required 20 points or more under the Impairment Tables.

Accordingly, the Tribunal affirmed the SSCSD's decision to refuse the applicant's claim for a Disability Support Pension.