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

This matter concerned an appeal by Ms Halimi against the cancellation of her Disability Support Pension (DSP) by the Secretary of the Department of Social Services. The central dispute was whether Ms Halimi continued to qualify for the DSP at the time of the cancellation, specifically whether her impairments met the threshold required by the Impairment Tables and whether she had a continuing inability to work. The Administrative Appeals Tribunal (AAT) was tasked with determining these issues.

The legal issues before the Tribunal were whether Ms Halimi suffered from a physical, intellectual, or psychiatric impairment; whether these impairments, once fully diagnosed, treated, and stabilised, attracted a rating of 20 points or more under the Social Security (Tables for the Assessment of Work-related Impairment for Disability Support Pension) Determination 2011; and whether she had a continuing inability to work. The Tribunal was required to assess these criteria as they stood at the date of the cancellation of her DSP.

The Tribunal found that Ms Halimi did suffer from impairments, specifically a bilateral shoulder disorder and depression, satisfying the first limb of the qualification criteria. Crucially, the Tribunal was satisfied that her shoulder condition attracted 10 points under Table 2 (Upper Limb Function) and her depression attracted 10 points under Table 5 (Mental Health Function), thus meeting the 20-point threshold. Furthermore, the Tribunal concluded that Ms Halimi had a continuing inability to work, meaning she was unable to work for 15 hours or more per week and could not be retrained for such work within the next two years. Consequently, the Tribunal set aside the decision under review and substituted a determination that Ms Halimi continued to qualify for the DSP at the date of cancellation.