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

This matter concerned an appeal by the applicant, Gainsford, against a decision by the Secretary of the Department of Social Services to cancel his Disability Support Pension (DSP). The dispute centred on whether the applicant met the eligibility requirements for the DSP as at the date of cancellation, 12 June 2018. The case was heard by Emeritus Professor P A Fairall, Senior Member.

The primary legal issue before the Tribunal was to determine whether the applicant satisfied the criteria for DSP under section 94 of the Social Security Act 1991 (Cth) on 12 June 2018. Specifically, the Tribunal had to assess whether the applicant suffered from a physical, intellectual, or psychiatric impairment and, if so, whether that impairment attracted a rating of not less than 20 points under the Impairment Tables, as required by section 94(1)(b). The Tribunal also considered whether the applicant had a continuing inability to work.

The Tribunal reasoned that while the applicant's spinal condition was assessed at five points under Table 4 and his visual impairment at five points under Table 12, his epilepsy did not attract points as it was not fully treated or stabilised. However, the Tribunal found that the applicant's spinal condition was fully diagnosed, treated, and stabilised, and that his visual impairment was also fully diagnosed, treated, and stabilised. Crucially, the Tribunal concluded that, when considering all his impairments together, the applicant attracted a total of 20 points under the Impairment Tables and had a continuing inability to work as at 12 June 2018.

Consequently, the Tribunal set aside the decision to cancel the applicant's DSP and substituted a decision that the applicant satisfied the eligibility criteria for the DSP on the date of cancellation.