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

The Administrative Appeals Tribunal considered the eligibility of Mrs Hallam for a Disability Support Pension (DSP) following the cancellation of her existing payment. The dispute centred on whether Mrs Hallam met the eligibility criteria for the DSP at the time her previous payment was cancelled.

The primary legal issue before the Tribunal was to determine Mrs Hallam's entitlement to the DSP by assessing her condition and circumstances as they existed at the precise moment her previous DSP entitlement ceased. The Tribunal was required to apply the relevant provisions of the Social Security Act 1991 (Cth) to these circumstances.

The Tribunal's reasoning focused on the temporal aspect of eligibility. It held that the assessment of Mrs Hallam's eligibility must be based on her condition at the time of the cancellation of her DSP, rather than her current health status. The Tribunal affirmed the decision under review, noting that Mrs Hallam retained the option to lodge a new application for the DSP, which would then be assessed according to the legislative requirements applicable at the time of that fresh claim.