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

This matter concerned an appeal by Mrs Hejazi against a decision affirming the Secretary, Department of Social Services' refusal to grant her a disability support pension. The core of the dispute revolved around whether Mrs Hejazi's various physical conditions, including those affecting her neck, left arm, right ankle, and back, met the legislative requirements for permanence and severity to qualify for the pension. The Administrative Appeals Tribunal (AAT) was tasked with determining her eligibility as at the relevant assessment periods.

The Tribunal was required to consider several legal issues. Firstly, it needed to determine if Mrs Hejazi had any physical, intellectual, or psychiatric impairments. Secondly, and crucially, it had to assess whether any such impairments arose from conditions that were "permanent," meaning they were fully diagnosed, treated, and stabilised, and were more likely than not to persist for more than two years. If these conditions were met, the Tribunal then had to ascertain whether the resulting impairments attracted a rating of 20 points or more under the Impairment Tables, and whether she had a continuing inability to work. Finally, if a severe impairment was not found, the Tribunal would need to consider if she had satisfied program of support requirements.

The Tribunal's reasoning focused on the definition of "permanent" under the relevant legislation. While it was satisfied that Mrs Hejazi had impairments affecting her ability to work, it found that her right ankle condition was not fully stabilised due to ongoing treatment and a pending doctor's appointment. Consequently, this condition was not considered permanent at the assessment periods, precluding any impairment rating under the Impairment Tables. As none of Mrs Hejazi's conditions met the definition of "permanent" as at the assessment periods, the Tribunal concluded that she did not satisfy the eligibility requirement under s 94(1)(b) of the Act for either of her claims.

Accordingly, the Tribunal affirmed the AAT's decision, meaning Mrs Hejazi was not eligible for the disability support pension from the dates of her claims. The Tribunal also noted that Mrs Hejazi was entitled to lodge a new claim and advised her to consider the provisions of the Social Security (Active Participation for Disability Support Pension) Determination 2014, particularly regarding program of support requirements.