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

This matter concerned an appeal by the Applicant against a decision of the Secretary, Department of Social Services, affirming a decision that the Applicant did not qualify for a disability support pension. The Applicant contended that a mental health condition, specifically Autism Spectrum Disorder (ASD) level one, resulted in impairments attracting an impairment rating of 20 or more points under the relevant Impairment Tables.

The Administrative Appeals Tribunal was required to determine whether the Applicant's impairments attracted an impairment rating of 20 or more points under section 94(1)(b) of the Social Security Act 1991 (Cth). This assessment involved considering whether the condition causing the impairment was permanent, meaning it had been fully diagnosed, fully treated, and fully stabilised, and was likely to persist for more than two years. The Tribunal also had to consider the functional impact of the impairment as assessed by the Impairment Tables.

The Tribunal considered medical evidence, including a report from Dr Ross, which indicated the Applicant fulfilled the requirements for ASD level one during the relevant period and that the condition had a severe impact on his ability to function. The Respondent accepted that the Applicant suffered from impairments for the purposes of section 94(1)(a) of the Act. However, the core of the decision focused on the assessment of the impairment rating under section 94(1)(b), which requires the condition to be permanent and the resulting impairment to be likely to persist for more than two years. The Tribunal's reasoning would have involved applying the specific criteria for "fully diagnosed," "fully treated," and "fully stabilised" as defined in the Determination, and assessing whether the evidence met these stringent requirements.