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

The Administrative Appeals Tribunal considered an application for a Disability Support Pension (DSP) by Ms Halliday against the Secretary, Department of Social Services. Ms Halliday, a 63-year-old woman, sought the DSP based on a range of medical conditions including a birth deformity, injuries from a motor vehicle accident, chronic pain, anxiety, depression, and post-traumatic stress disorder. The core dispute revolved around whether Ms Halliday's impairments met the threshold for receiving the DSP, specifically concerning the severity of her conditions and the requirement for a program of support.

The Tribunal was required to determine whether Ms Halliday suffered from a physical, intellectual, or psychiatric impairment, whether these conditions were fully diagnosed, treated, and stabilised, and whether they resulted in impairments attracting 20 points or more under the Social Security (Tables for the Assessment of Work-related Impairment for Disability Support Pension) Determination 2011. Additionally, the Tribunal had to assess whether Ms Halliday had a continuing inability to work and whether she was required to undertake a program of support.

The Tribunal found that Ms Halliday suffered from multiple impairments, including a congenital upper limb condition, hypothyroidism, hypertension, spinal disorder, alcohol use disorder, anxiety, depression, and PTSD, which were present during the qualifying period. Crucially, the Tribunal determined that Ms Halliday's impairments attracted 35 points under the Impairment Tables, exceeding the required 20 points. The Tribunal also concluded that Ms Halliday was not required to undertake a program of support due to the severity of her upper limb impairment and that she had a continuing inability to work. Consequently, the Tribunal set aside the previous decision and remitted the matter for reconsideration, directing that Ms Halliday satisfied all the necessary criteria for the DSP.