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

This matter concerned an appeal by Ms Hansen against a decision by the Secretary of the Department of Social Services regarding her eligibility for a Disability Support Pension (DSP). The core of the dispute revolved around whether Ms Hansen met the legislative requirements for the DSP, particularly concerning the diagnosis, treatment, and stabilisation of her medical conditions, the severity of her impairments, and her continuing inability to work. The case was heard by Theodore Tavoularis SM.

The legal issues before the Tribunal were whether Ms Hansen's medical conditions were fully diagnosed, treated, and stabilised during the relevant period, and whether these conditions warranted an impairment rating of 20 points or more under the Impairment Tables. Further, the Tribunal had to determine if Ms Hansen had a severe impairment of 20 points or more under a single Impairment Table, or if not, whether she had completed a Program of Support (POS). Finally, the Tribunal was required to assess whether Ms Hansen had a continuing inability to work.

The Tribunal considered Ms Hansen's diabetic left Charcot foot, which had been diagnosed in 2013 and was accepted as fully diagnosed, treated, and stabilised, attracting 10 points under Table 3 (Lower Limb Function). The Tribunal found that Ms Hansen met the criteria for a 10-point impairment rating for this condition. Crucially, the Tribunal determined that Ms Hansen had a continuing inability to work, with medical evidence indicating she would not be able to do any job for more than 15 hours a week due to her conditions. The Tribunal also found that Ms Hansen met the active participation requirements for a POS through an exception under section 7(5) of the Active Participation Guidelines, as she was prevented from completing a POS solely because of her impairments.

Consequently, the Tribunal found that Ms Hansen met all the requirements for the grant of a DSP. The decision under review was set aside, and the Tribunal determined that Ms Hansen qualified for the DSP at the date of her claim.