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

This matter concerned an application by Mr Hodge for a disability support pension (DSP). The dispute centred on whether Mr Hodge met the eligibility requirements for a DSP during the qualification period of 14 September 2021 to 14 December 2021. The Administrative Appeals Tribunal (AAT) was required to determine the Reviewable Decision, which was the AAT's previous decision affirming the Secretary's decision.

The Tribunal was tasked with determining three key issues. Firstly, whether Mr Hodge suffered from a physical, intellectual, or psychiatric impairment or impairments. Secondly, if such impairments existed, whether they were fully diagnosed, treated, and stabilised, and whether they attracted a rating of 20 points or more under the relevant Impairment Tables. Finally, the Tribunal had to consider whether Mr Hodge had a continuing inability to work during the qualification period.

The Tribunal's reasoning was guided by section 94(1) of the relevant Act, which outlines the criteria for DSP qualification. These criteria include having an impairment, that the impairment rates 20 points or more under the Impairment Tables, and either a continuing inability to work or participation in the supported wage system. The Impairment Tables, determined under section 26 of the Act, define impairment as a loss of functional capacity affecting a person's ability to work, and stipulate that an impairment rating can only be assigned if the condition is permanent and likely to persist for more than two years. The tables are function-based, assessing functional activities, abilities, symptoms, and limitations, rather than diagnoses. The Tribunal noted that the ARO Decision, as affirmed in the AAT1 Decision, constituted the Reviewable Decision.