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

This matter concerned an appeal by an applicant against a decision of the Social Security Appeals Tribunal (SSAT) affirming the cancellation of their Disability Support Pension (DSP). The dispute centred on whether the applicant's medical conditions, specifically relating to mental health and spinal function, met the criteria for receiving a DSP, particularly concerning the requirement for conditions to be fully diagnosed, treated, and stabilised, and to result in an impairment rating of 20 points or more under the relevant Impairment Tables.

The Tribunal was required to determine whether the applicant's impairments, as assessed under the Impairment Tables, were sufficient to establish a continuing inability to undertake work. This involved considering whether the applicant's conditions were fully diagnosed, treated, and stabilised, and whether the resulting impairment rating met the threshold for DSP eligibility.

The Senior Member found that the applicant was unable to undertake work, including voluntary work, and that their impairments would prevent them from undertaking a training activity for at least the next two years. Consequently, the SSAT's decision affirming the cancellation of the DSP was set aside. The Tribunal substituted its own decision, finding that the applicant satisfied section 94 of the Social Security Act 1991 and was entitled to the DSP as at the date of cancellation, 5 November 2014.