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

This matter concerned an appeal by Ms Harvey against a decision of the Department of Social Services regarding her eligibility for a disability support pension. The primary dispute revolved around whether Ms Harvey met the criteria under Table 11 of the Impairment Tables, specifically concerning a "continual" difficulty with balance due to her Meniere's disease. The case was heard afresh by N A Manetta Dr, who had the power to affirm or set aside the previous tribunal's decision based on the evidence presented.

The legal issues before the court were whether Ms Harvey qualified for 20 points under Table 11 of the Impairment Tables for "continual" difficulty with balance, and whether she was incapacitated for work for at least 15 hours per week. While the initial tribunal had found Ms Harvey eligible for 20 points for balance issues, it had determined she had not demonstrated an incapacity for work. The respondent, the Department of Social Services, conceded at the hearing that Ms Harvey was indeed unable to work 15 hours per week due to her condition.

The court's reasoning focused on the respondent's concession regarding Ms Harvey's incapacity for work, which the court accepted as appropriate and not raising any serious doubt. The central remaining question was whether Ms Harvey was entitled to 20 points under Table 11 for her balance difficulties. The court found that Ms Harvey did have "continual" difficulty with balance in the circumstances of her frequent dizziness attacks, thus entitling her to the 20 points.

Consequently, the court set aside the decision under review and determined that Ms Harvey was qualified to receive the disability support pension at the time of her application on 15 February 2018.