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

The Administrative Appeals Tribunal considered the appeal of an applicant against a decision by the Secretary, Department of Social Services, to affirm a decision that the applicant was not qualified for a Disability Support Pension. The applicant contended that she suffered from severe impairments and was entitled to a DSP.

The Tribunal was required to determine whether the applicant's impairments were fully diagnosed, treated, and stabilised within the relevant qualification period, and whether she had completed a Program of Support as required by the Social Security Act 1991. Specifically, the Tribunal needed to assess if the applicant met the criteria for a severe impairment and if her participation in a Program of Support was sufficient to satisfy the legislative requirements.

The Tribunal noted that the respondent accepted the applicant had physical and psychological impairments. However, the applicant's own evidence regarding her daily living activities, such as cooking, shopping, and personal care, indicated a degree of functional capacity, albeit with some difficulties. Crucially, the Tribunal found that the applicant had only participated in a Program of Support for a total of eight days over a three-year period. This limited engagement was insufficient to meet the requirements of section 94(2) of the Act.

Consequently, the Tribunal affirmed the decision of the SSCSD dated 8 October 2019, finding that the applicant had not actively participated in a program of support as required for qualification for the Disability Support Pension.