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

This matter concerned an appeal by Mr Huang against a decision to affirm a decision under review regarding his claim for a Disability Support Pension (DSP). The dispute centred on whether Mr Huang met the eligibility requirements for a DSP as at a specific qualification period, which was determined to be from 19 September 2017 to 19 December 2017. The case was heard by K. Parker M.

The court was required to determine four key issues. Firstly, whether Mr Huang had any physical, intellectual, or psychiatric impairments that met the eligibility requirement under s 94(1)(a) of the Social Security Act 1991 (Cth). Secondly, whether the conditions causing any such impairments were permanent, meaning they were fully diagnosed, treated, and stabilised, and were more likely than not to persist for more than two years. Thirdly, whether Mr Huang met the "continuing inability to work" eligibility requirement under s 94(1)(c) of the Act. Finally, if the first two requirements were met, whether Mr Huang's impairments attracted a rating of 20 points or more under the Impairment Tables, as required by s 94(1)(b) of the Act.

The Tribunal found that while Mr Huang suffered from numerous physical and mental health conditions, his mental health conditions were not fully treated and stabilised as at the qualification period. Consequently, these conditions were not considered permanent, and any functional impairment arising from them did not attract an impairment rating under the Impairment Tables at that time. Although Mr Huang met the initial eligibility requirement under s 94(1)(a), the Tribunal was not satisfied that he met the requirements of s 94(1)(b) due to his conditions not being permanent. As a result, it was unnecessary to consider the continuing inability to work requirement under s 94(1)(c). The Tribunal affirmed the decision under review.