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

This matter concerned an application for a Disability Support Pension (DSP) by the applicant, who had lodged a claim following a significant injury sustained in a train collision. The Department initially rejected the claim, finding the applicant’s impairment rating to be less than the required 20 points. An Authorised Review Officer affirmed this decision, and subsequently, the Administrative Appeals Tribunal (AAT) also affirmed the rejection. The applicant sought review of the AAT's decision.

The primary legal issue before the court was whether the applicant's impairment rating met the threshold of 20 points or more as prescribed by the *Social Security Act 1991* (Cth) for qualification for a DSP. This required determining the most appropriate Impairment Table for assessing the applicant's condition and whether the resulting impairment rating was sufficient. The court also considered whether the applicant's condition constituted a neurological or cognitive function impairment.

The court reasoned that the applicant's conditions, including chronic pain stemming from a fractured skull and nose, were assessed by a Job Capacity Assessor as resulting in a 10-point impairment rating under Table 1. The AAT had found this rating to be correct. The court noted that section 94(1)(b) of the *Social Security Act 1991* mandates an impairment rating of 20 points or more for DSP eligibility. As the applicant's assessed impairment rating was 10 points, he did not satisfy this crucial criterion. Consequently, the court found it unnecessary to consider the other eligibility requirements for DSP.

The court affirmed the decision under review, meaning the applicant's claim for a Disability Support Pension was unsuccessful.