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

The Administrative Appeals Tribunal considered an application by the Secretary, Department of Social Services, concerning the eligibility of Mr Gatley for a Disability Support Pension. The dispute centred on whether Mr Gatley's medical conditions met the criteria for the pension during the relevant qualification period, which ran from 21 March 2019 to 20 June 2019.

The Tribunal was required to determine if Mr Gatley's identified medical conditions, including gout inflammatory arthritis sarcoidosis, necrotising fasciitis, and hip replacement, were fully diagnosed, treated, and stabilised within the qualification period. Further issues included whether these impairments, when assessed against the relevant Impairment Tables, amounted to at least 20 points, and whether there was a continuing inability to work. The Tribunal also needed to consider if the program of supports requirements were satisfied.

The Tribunal found that while gastro-oesophageal reflux was fully diagnosed, treated, and stabilised during the qualification period, it did not contribute sufficient impairment points. Diabetes mellitus was not found to have been fully diagnosed, treated, and stabilised within the period, thus precluding any impairment rating. Necrotising fasciitis, having been treated and stabilised with a good prognosis for recovery, was deemed a temporary condition and not an ongoing impairment. Regarding sarcoidosis and emphysema, and conditions arising from the hip replacement, the Tribunal accepted the respondent's evidence that these persisted, with the former having slightly worsened and the latter stabilised. However, the strict liability provisions of the Social Security Act 1991 (Cth) were paramount.

Ultimately, the Tribunal set aside the previous decision and substituted it with a determination that Mr Gatley was not eligible for the Disability Support Pension in relation to his claim lodged on 21 March 2019.