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

This matter concerned an appeal by Mr Giza against a decision of the Secretary of the Department of Social Services regarding his claim for a disability support pension (DSP). The core dispute revolved around the date from which Mr Giza was deemed qualified for the DSP, with the applicant contending he qualified earlier than determined by the respondent. The decision was made by D. J. Morris SM in the Administrative Appeals Tribunal.

The Tribunal was required to determine whether Mr Giza was qualified for DSP on the day he lodged his claim, 5 December 2014. If he was not qualified on that date, the Tribunal had to consider whether, pursuant to clause 4(1) of Schedule 2 of the *Social Security (Administration) Act 1999* and section 36(1) of the *Acts Interpretation Act 1901*, he became qualified within the 13-week period commencing the day after his claim was lodged. This period was to be calculated from 6 December 2014 to 6 March 2015. The respondent submitted that Mr Giza met the criteria for a severe impairment, attracting 20 impairment points for a mental health condition, which would exempt him from program of support requirements. The applicant argued he qualified for DSP within the claim period and, moreover, should have been found qualified from October 2012.

The Tribunal accepted the respondent's concession that Mr Giza's qualification for DSP should be back-dated to 8 October 2014. The Tribunal found this concession to be appropriate and consistent with the purpose of Schedule 2 of the *Social Security (Administration) Act 1999*. The Tribunal concluded that it had no discretion to apply an earlier date than that conceded by the respondent.

The Tribunal set aside the previous decision and substituted a new decision finding that the applicant was qualified for disability support pension from 8 October 2014.