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

The Administrative Appeals Tribunal considered the appeal of Mr Foy against a decision by the Secretary of the Department of Social Services concerning his eligibility for a Disability Support Pension. The central dispute revolved around whether Mr Foy's impairments met the threshold of twenty points or more as stipulated by the relevant Impairment Tables.

The Tribunal was required to determine if Mr Foy's impairments, as assessed at the relevant time, reached the minimum score necessary to qualify for the Disability Support Pension. This involved a careful evaluation of the evidence presented regarding his health status and the application of the Impairment Tables.

While affirming the decision under review, the Tribunal noted that Mr Foy's health had deteriorated since the end of the qualification period. The Tribunal observed that a current assessment of his impairment status might yield a higher rating. Consequently, Mr Foy was advised that he was at liberty to lodge a new application for the Disability Support Pension based on his current condition at any time.