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

This matter concerned an appeal by Mr Haygarth against a decision by the Secretary of the Department of Social Services regarding his eligibility for a Disability Support Pension. The dispute centred on whether Mr Haygarth's medical conditions, including cancer of the oesophagus, were fully diagnosed, treated, and stabilised during the relevant qualification period, and whether he should be allocated points for depression and anxiety under the Impairment Tables. The case was heard by Dr Damien Cremean, Senior Member.

The primary legal issues before the Tribunal were to determine if Mr Haygarth met the requirements of section 94(1)(b) of the Social Security Act 1991 (Cth), specifically whether his diagnosed conditions were fully treated and stabilised by the end of the qualification period. Additionally, the Tribunal had to consider the appropriate allocation of points under the Impairment Tables for his digestive and mental health conditions.

The Tribunal found that Mr Haygarth's conditions were indeed fully diagnosed, treated, and stabilised during the qualification period, rejecting the Respondent's contention to the contrary. The Senior Member reasoned that the nature of the conditions, which included oesophageal cancer, GORD, and Dumping Syndrome, meant that being fully diagnosed, treated, and stabilised at the critical time was reasonably ascertainable. The Tribunal also determined that Mr Haygarth should be assigned 20 points for his digestive condition under Table 10 and 20 points for his mental health condition under Table 5 of the Impairment Tables. Consequently, the decision under review was set aside and substituted with a decision that Mr Haygarth was entitled to a Disability Support Pension from 24 December 2019.