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

This matter concerned a review by the Administrative Appeals Tribunal of a decision by the Secretary, Department of Social Services, to cancel the Applicant's Disability Support Pension (DSP). The Applicant's claim for the DSP was based on a degenerative spinal condition and a kidney stone/urinary condition, although claims relating to other conditions were not pressed.

The Tribunal was required to determine whether the Applicant had a continuing inability to work due to his impairments, as defined by section 94(2) of the relevant Act, and whether his conditions were fully diagnosed, treated, and stabilised at the date of cancellation. Specifically, the Tribunal had to assess the appropriate impairment ratings under Tables 3 and 4 of the Impairment Tables for the Applicant's spinal condition.

The Tribunal considered oral evidence from the Applicant and Dr. Amanda Sillcock, along with various reports and statements. The Respondent accepted that the Applicant's degenerative spinal condition was fully diagnosed, treated, and stabilised. While initially disputing the impairment rating, the Respondent ultimately accepted that an impairment rating under Table 3 was appropriate. The core of the dispute lay in the specific point allocation under the Impairment Tables for the spinal condition, with the Applicant seeking higher ratings than those proposed by the Respondent. The Tribunal's assessment of the evidence led it to conclude that the Applicant was eligible for the DSP at the cancellation date.

The Tribunal set aside the Respondent's decision to cancel the Applicant's DSP and substituted a decision that the Applicant was qualified for the DSP from 22 June 2018.