Giddings and Secretary, Department of Family and Community Servic Es

[2003] AATA 893

Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION  [2003] AATA 893

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No Q2003/171

GENERAL ADMINISTRATIVE DIVISION		)
Re		EDWARD GIDDINGS

Applicant

And SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES

Respondent

DECISION

Tribunal Mr R G Kenny, Member

Date12 September 2003

PlaceBrisbane

Decision The Tribunal affirms the decision under review.

(Sgd) R G Kenny
  Member

CATCHWORDS

SOCIAL SECURITY - disability support pension - whether applicant has physical, intellectual or psychiatric impairment – whether applicant has impairment rating of 20 points or more - relevant time-frame - whether applicant has continuing inability to work

Social Security Act 1991 - section 94 Schedule 1B

Social Security (Administration) Act 1999 Schedule 2

REASONS FOR DECISION

12 September 2003 Mr R G Kenny, Member    

Background

1.      On 12 March 2002, Edward Giddings (the applicant) lodged a claim with Centrelink for payment of disability support pension in respect of the effects upon him of disabilities he nominated as “asthma”.. On 8 May 2002, a delegate of Centrelink rejected the applicant’s claim. That decision was affirmed by an authorised review officer on 12 September 2002 and, in turn, by the Social Security Appeals Tribunal on 5 February 2003. On 27 February 2003, the applicant sought review of that decision by the Administrative Appeals Tribunal (the Tribunal).

Appearances

2.      The applicant attended the hearing but was not represented. Mr J Howard from the Service Recovery Team with Centrelink appeared on behalf of the Secretary, Department of Family and Community Services (the respondent).

3.      At the hearing, the following material was taken into evidence:

Exhibit 1:documents prepared in accordance with section 37 of the Administrative Appeals Tribunal Act 1975 (the T documents: T1–T25);

Exhibit 2:a medical report, dated 11 April 2003, from the applicant’s treating doctor, Dr Daniel Lean;

Exhibit 3:a medication summary, dated 4 April 2003;

Exhibit 4:a Ferritin test result, dated 6 December 2002;

Exhibit 5:a diagnostic polysomnography, dated 18 July 2002, from Snore Australia;

Exhibit 6:a medical report, received by the respondent on 12 June 2003, from Dr C Mitchell;

Exhibit 7:a printout, dated 17 June 2003, of the applicant’s record with the respondent;

Exhibit 8:a letter, dated 12 June 2003, from Centrelink to the applicant; and

Exhibit 9:a prescription, dated 17 July 2003, for the applicant in relation to gout medication.

Issues and Legislation

4. The issue in this matter relates to whether or not the applicant is qualified to receive a disability support pension which is payable in accordance with the terms of section 94 of the Social Security Act 1991 (the Act) which relevantly reads:

“(1) A person is qualified for disability support pension if:

(a) the person has a physical, intellectual or psychiatric impairment; and

(b) the person's impairment is of 20 points or more under the Impairment Tables; and

(c) one of the following applies:

(i) the person has a continuing inability to work;

(ii) the Health Secretary has informed the Secretary that the person is participating in the supported wage system administered by…