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

This matter concerned an application for a Disability Support Pension (DSP) by Mr Ghattas, a 52-year-old dual citizen of Egypt and New Zealand residing in Australia. The dispute centred on whether Mr Ghattas met the criteria for the DSP, specifically concerning the nature and severity of his impairments, their diagnosis, treatment, stabilisation, and the resulting inability to work. The case was heard by Ms Anna Burke, a Member of the Tribunal.

The legal issues before the Tribunal were whether Mr Ghattas possessed a physical, intellectual, or psychiatric impairment; whether his condition was fully diagnosed, treated, and stabilised, and likely to persist for at least two years; whether his condition attracted 20 points under the Social Security (Tables for the Assessment of Work-related Impairment for Disability Support Pension) Determination 2011; whether he had a continuing inability to work; and whether he was severely disabled in accordance with article 2(2)(a) of the relevant Agreement.

The Tribunal considered the medical evidence, including reports from the respondent and Mr Ghattas. It noted the legal representative's argument that Mr Ghattas qualified for the DSP, referencing the Full Federal Court's decision in *Secretary, Department of Families, Housing, Community Services and Indigenous Affairs v Mahrous*. This precedent established that a person with over 10 years of residence in Australia and/or New Zealand is "entitled to claim" a DSP, provided they satisfy the conditions of article 2(2) of the Agreement, which includes being severely disabled. The Tribunal found that while Mr Ghattas's impairments attracted a total of 25 impairment points across two Impairment Tables, with 20 points allocated under one table, he was not found to be severely disabled as required by the New Zealand Agreement.

Consequently, the Tribunal affirmed the decision under review, finding that Mr Ghattas was not qualified to receive the DSP at the date of his application due to not meeting the severe disability requirement.