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

This matter concerned an appeal by Ms Gill against the Department of Social Services' decision that she did not qualify for the Disability Support Pension (DSP). The Administrative Appeals Tribunal was required to determine whether Ms Gill met the criteria for DSP under the Social Security Act 1991.

The legal issues before the Tribunal were whether Ms Gill possessed a physical, psychological, or mental impairment that attracted a rating of 20 or more points under the Impairment Tables, and whether she had a continuing inability to work at least 15 hours per week. The Tribunal also considered the relevant period for assessing the claim, as defined by the Social Security (Administration) Act 1999.

The Tribunal reasoned that to qualify for DSP, all three criteria under section 94 of the Act must be met conjunctively: the existence of an impairment, the impairment attracting 20 or more points under the Impairment Tables, and a continuing inability to work. The Impairment Tables, established by subordinate legislation, were applied to assess the severity of the applicant's impairments. The Tribunal noted that if an impairment attracted 20 or more points, it was considered a 'severe' impairment.

Ultimately, the Tribunal affirmed the Department's original decision, finding that Ms Gill was not qualified for the DSP during the relevant period.