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

This matter concerned an appeal by Mr Howlett against the cancellation of his disability support pension by the Secretary of the Department of Social Services. Mr Howlett, who was injured in a car accident in 1990 resulting in back pain, had been receiving the pension. The dispute centred on whether Mr Howlett met the eligibility criteria for the pension, specifically whether his impairment rating was 20 points or more under Impairment Table 4. The decision was heard by N A Manetta SM.

The primary legal issue before the court was to determine whether Mr Howlett's medical condition, arising from a car accident and subsequent back pain, resulted in an impairment rating of 20 points or more as required by Impairment Table 4 for the continued receipt of a disability support pension. This required a de novo assessment of the evidence to ascertain if the delegate's decision to cancel the pension was correct or preferable.

The court affirmed the decision under review, finding that Mr Howlett did not attract the required 20 points under Impairment Table 4. The SM conducted a fresh hearing of the evidence, including testimony from Mr Howlett and his mother. Despite acknowledging the history of Mr Howlett's injury and his subsequent difficulties in finding employment due to his "dodgy back," the court concluded that the evidence presented did not establish the necessary level of impairment to qualify for the disability support pension under the relevant legislative criteria.