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

This matter concerned an application for a disability support pension (DSP) by the applicant, Ms Jansen, against the Secretary of the Department of Social Services. The core dispute revolved around whether Ms Jansen's physical and psychiatric conditions met the criteria for DSP, specifically concerning the severity of her impairments and her continuing inability to work. The case was heard by Member C Edwardes.

The legal issues before the Tribunal were threefold: first, whether the applicant had any physical, intellectual, or psychiatric impairment; second, if such impairments existed, whether they attracted ratings of at least 20 points under the relevant Impairment Tables; and third, if the impairment threshold was met, whether the applicant had a continuing inability to work as defined by the Social Security Act 1991. The Tribunal was required to assess the applicant's conditions based on medical evidence and the criteria set out in the Social Security (Tables for the Assessment of Work-related Impairment for Disability Support Pension) Determination 2011.

The Tribunal's reasoning focused on the requirement that an impairment must be fully diagnosed, treated, and stabilised to attract an impairment rating. Despite evidence of ongoing pain and limitations from both a spinal condition and a history of depression, the Tribunal found that these conditions did not meet the threshold for an impairment rating of 20 points or more under the Impairment Tables. Medical reports indicated that while the applicant's mental health condition had stabilised and her spinal condition had been treated surgically, the impairments were not considered to be of a severity that would warrant the minimum points required by the legislation. Consequently, the Tribunal concluded that the applicant failed to satisfy section 94(1)(b) of the Act.

As the applicant did not meet the minimum impairment rating requirement, the Tribunal found it unnecessary to consider the issue of a continuing inability to work. Therefore, the Tribunal affirmed the decision of the Secretary, Department of Social Services, and the applicant did not qualify for the disability support pension.