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

This matter concerned an application for a second review of a decision to reject Ms Hindmarsh's claim for a Disability Support Pension (DSP). The applicant had lodged her claim on 13 August 2018, listing conditions including osteoarthritis of the knee and hip, spondylosis of the cervical and lumbar spine, and high blood pressure due to chronic pain. Her claim was initially rejected, and this decision was affirmed on review by an Authorised Review Officer and subsequently by the Administrative Appeals Tribunal (AAT) on first review. Ms Hindmarsh sought a second review by this Tribunal, arguing that her conditions were fully diagnosed, treated, and stabilised, and that she had a continuing inability to work due to chronic pain.

The Tribunal was required to determine whether Ms Hindmarsh qualified for a DSP during the period of 13 August 2018 to 12 November 2018. This involved assessing whether she had a physical, intellectual, or psychiatric impairment that attracted at least 20 points under the Impairment Tables, and whether she had a continuing inability to work, as defined by the Social Security Act 1991 (Cth). The assessment of these criteria was confined to the specified qualification period, with any subsequent changes in her medical condition being irrelevant unless they cast light on her condition during that period.

The Tribunal applied the principles established in cases such as *Bobera* and *Fanning*, which confirm that an applicant's qualification for DSP must be assessed based on their condition at the date of claim and within the subsequent 13-week qualification period. Evidence arising after this period is only relevant to the extent it pertains to the applicant's condition during that time. The Tribunal noted that the Impairment Tables require a condition to be fully diagnosed, fully treated, and fully stabilised, and more likely than not to persist for more than two years, before an impairment rating can be assigned. Furthermore, the Tribunal considered the applicant's participation in a program of support, finding that her engagement fell short of the requirements stipulated in the Social Security (Active Participation for Disability Support Pension) Determination 2014.

For the reasons outlined, the Tribunal affirmed the decision of the Social Services and Child Support Division of the Tribunal dated 22 March 2019.