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

The Administrative Appeals Tribunal considered a dispute between the applicant, Howlett, and the Secretary of the Department of Social Services concerning a claim for a Disability Support Pension. The core of the disagreement revolved around whether the applicant's medical conditions met the criteria for receiving this pension.

The Tribunal was tasked with determining two primary legal issues. Firstly, whether the applicant's various medical conditions were fully diagnosed, treated, and stabilised within the relevant qualification period. Secondly, the Tribunal had to assess whether these conditions, when considered collectively, attracted an impairment rating of at least 20 points under the relevant legislative framework.

In reaching its decision, the Tribunal carefully reviewed the medical evidence presented by the applicant and the Department. It applied the principles established in social security legislation concerning the assessment of disability for pension purposes, focusing on the requirement for conditions to be diagnosed, treated, and stabilised. The Tribunal found that the evidence did not establish that the applicant's conditions had reached a state of stability during the qualification period, nor did it demonstrate that the combined impairment rating met the threshold of 20 points. Consequently, the Tribunal affirmed the decision under review, which had rejected the claim for the Disability Support Pension.