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

This matter concerned an application for a disability support pension by Mr Iliovski, with the Secretary of the Department of Social Services as the respondent. The dispute centred on whether Mr Iliovski met the qualifying criteria for the pension, specifically concerning the severity of his medical conditions and his participation in required support programs. The decision was made by Dr Stewart Fenwick, Senior Member, in the Administrative Appeals Tribunal.

The primary legal issues before the Tribunal were to determine the nature and severity of Mr Iliovski's medical conditions, including those affecting his spine, right wrist, and prostate, and to assess whether these conditions qualified for an impairment rating of 20 points or more under the relevant Impairment Tables. Crucially, the Tribunal also had to consider whether Mr Iliovski had actively participated in a program of support for the requisite period, as mandated by section 94(3C) of the Social Security Act 1991 and the Social Security (Active Participation for Disability Support Pension) Determination 2014, or if any exceptions applied.

The Tribunal's reasoning focused on the statutory requirement for applicants without a severe impairment to have actively participated in a program of support for 18 months within the 36 months preceding their application. While Mr Iliovski's advocate contended that his spine and prostate conditions were severe and his wrist condition moderate-to-severe, attracting significant impairment points, the Tribunal noted concessions regarding the spine condition and found insufficient evidence to support higher ratings for the prostate and wrist. More importantly, the Tribunal found no evidence that Mr Iliovski had participated in a Program of Support prior to his application, nor that he met any of the exceptions to this requirement under the Determination.

Consequently, the Tribunal affirmed the decision under review, finding that Mr Iliovski did not meet the qualifying criteria for the disability support pension due to his failure to satisfy the program of support requirement. The Tribunal noted that Mr Iliovski could reapply at any time and that even if a cumulative impairment rating were met, the continuing inability to work requirement might still present a barrier.