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

This matter concerned an appeal by the applicant, Hollan, against a decision of the Secretary of the Department of Social Services regarding the applicant's eligibility for a Disability Support Pension (DSP). The Administrative Appeals Tribunal (AAT) was tasked with reviewing the Secretary's determination.

The primary legal issues before the AAT were whether the applicant's medical condition was fully diagnosed, fully treated, and fully stabilised, and whether the applicant met the threshold of 20 points or more under the relevant Impairment Tables during the qualification period. The Tribunal was also required to determine the period for which the applicant was eligible to receive the DSP, specifically whether any payment was limited to arrears.

The AAT found that the applicant satisfied the criteria for a DSP. The Tribunal's reasoning focused on the evidence presented regarding the applicant's diagnosed conditions, the treatments undertaken, and the stability of those conditions. Having determined that the applicant met the necessary requirements, the AAT set aside the Secretary's decision and substituted its own determination. The Tribunal ordered that the applicant was eligible for the DSP and that payment was not limited to arrears, effectively granting the applicant full entitlement from the appropriate date.