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

This matter concerned an appeal by Miss Hancock against a decision by the Secretary of the Department of Social Services regarding her eligibility for a Disability Support Pension (DSP). The dispute centred on whether Miss Hancock suffered from permanent impairments that qualified her for the DSP, and whether she had a continuing inability to work during the relevant period. The case was heard by Deputy President Gary Humphries.

The primary legal issues before the Tribunal were whether Miss Hancock's impairments, arising from a stroke, were permanent and whether they qualified for a rating under the Impairment Tables. The Tribunal also had to determine if these impairments resulted in a continuing inability to work for Miss Hancock during the period in question, as required by the Social Security Act. The Secretary contended that not all of Miss Hancock's conditions were permanent or attributable to her stroke, and therefore might not qualify for a DSP rating.

The Tribunal considered extensive medical evidence, including reports from various medical professionals and specialists. It noted that some earlier reports were incomplete or uncertain regarding the permanence and severity of Miss Hancock's impairments, while later reports, such as that from Professor Davis, indicated a more severe and permanent impact from her stroke. Professor Davis's report detailed significant cognitive impairment affecting daily tasks, memory, attention, problem-solving, and comprehension, as well as a visual field loss preventing reading and driving. This evidence, along with other reports suggesting a severe permanent loss of function, led the Tribunal to conclude that Miss Hancock was unable to work at all. The Tribunal found that her condition prevented her from working or undertaking training for at least two years from 10 September 2014, satisfying the requirements of section 94(1)(c) of the Act.

Consequently, the Tribunal set aside the reviewable decision of 23 June 2015 and determined that Miss Hancock was eligible for the Disability Support Pension from 10 September 2014. The matter was remitted to the Secretary to calculate Miss Hancock's entitlements in accordance with this finding.