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

This matter concerned an appeal by the applicant, Ms Gombos, against a decision by the Secretary of the Department of Social Services regarding her entitlement to a Disability Support Pension (DSP). The dispute centred on whether Ms Gombos met the eligibility criteria for the DSP, specifically concerning the assessment of her medical conditions. The case was heard by Chris Puplick AM, Senior Member, of the Administrative Appeals Tribunal.

The primary legal issues before the Tribunal were whether Ms Gombos's medical conditions were fully treated and stabilised during the relevant qualification period, and whether her impairments met the threshold of 20 points or more as required by section 94(1)(b) of the relevant social security legislation.

The Tribunal considered the applicant's current assertions about her condition. It noted that if her circumstances had changed or were as she now described, she was not prevented from making a new application for the DSP. The Tribunal clarified that it could not speculate on the potential outcome of any future application, as the decision to reapply rested solely with the applicant. Consequently, the Tribunal affirmed the decision under review.