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

The Administrative Appeals Tribunal considered the eligibility of an applicant for a disability support pension. The Secretary of the Department of Social Services contended that the applicant did not satisfy the requirements of section 94(1)(b) of the Social Security Act 1991 (Cth), or alternatively, did not satisfy section 94(1)(c), and therefore the decision to deny the pension should be affirmed.

The Tribunal was required to determine whether the applicant met the criteria for a disability support pension, specifically whether he had a fully diagnosed and treated mental health condition that resulted in an extreme functional impairment, and whether he met the qualification period requirements. The applicant presented evidence of a significant past business and active lifestyle, followed by a series of traumatic events including betrayal, financial loss, homelessness, and a severe electrocution incident in Indonesia, which he claimed led to his current condition.

The Senior Member found that the applicant satisfied all the requirements of section 94(1)(a), (b), and (c) of the Act. The Tribunal regarded the applicant as suffering from an extreme functional impairment due to his major depressive disorder. Consequently, the decision under review was set aside, and a substituted decision was made granting the applicant a disability support pension with effect from 13 December 2017.