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

This matter concerned an appeal by Hutchinson against a decision of the Administrative Appeals Tribunal (AAT) affirming the Secretary of the Department of Social Services' decision to refuse Hutchinson's claim for a disability support pension (DSP). The core of the dispute revolved around whether Hutchinson's medical conditions met the threshold for a DSP entitlement under the relevant legislation.

The Administrative Appeals Tribunal was required to determine whether Hutchinson's impairments, assessed against the Impairment Tables, resulted in a rating of at least 20 points. This assessment was a prerequisite for establishing an inability to perform work within the meaning of section 94(1)(c)(i) of the Social Security Act 1991 (Cth).

The Tribunal accepted the respondent's submissions and found that during the relevant 13-week qualifying period, Hutchinson's impairments did not achieve an impairment rating of at least 20 points. Consequently, the Tribunal concluded that Hutchinson was not entitled to a DSP. The decision of the AAT made on 23 May 2017 was affirmed.