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

The applicant, Harvey, sought review of a decision by the Secretary of the Department of Social Services concerning her application for a Disability Support Pension (DSP). The dispute centred on whether Harvey qualified for the DSP during the relevant qualification period, given her back and mental health conditions. The matter was heard by A Poljak SM.

The primary legal issue before the Court was whether Harvey had a physical, mental, or psychiatric impairment that could be assigned a relevant impairment rating, and whether she had a continuing inability to work or was participating in a relevant program of support, as required by the Social Security Act 1991 (Cth). Specifically, the Court had to determine if her conditions met the criteria for a DSP qualification during the relevant period.

The Court found that the applicant's conditions could not be assigned the necessary impairment ratings under the relevant legislation. Consequently, the Court concluded that Harvey did not satisfy paragraph 94(1)(b) of the Act during the qualification period. As a result, her claim for a DSP could not succeed. The decision under review was affirmed.