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

This matter concerned an appeal by the applicant, Jansen, against a decision of the Administrative Appeals Tribunal (AAT) affirming the Secretary of the Department of Social Services' decision to refuse her application for a disability support pension (DSP). The core of the dispute revolved around whether the applicant met the legislative criteria for receiving a DSP, specifically concerning the severity of her impairments and her continuing inability to work.

The Administrative Appeals Tribunal was required to determine whether the applicant's medical conditions were fully diagnosed, treated, and stabilised, and whether these conditions attracted a minimum of 20 points under the Impairment Tables. Furthermore, the Tribunal had to assess whether the applicant had a severe impairment and a continuing inability to work, as stipulated by section 94 of the *Social Security Act 1991* (Cth). The qualification period for assessing these criteria was established as the 13 weeks following the applicant's claim date of 18 July 2018, concluding on 17 October 2018.

The Tribunal reasoned that the qualification criteria for a DSP are cumulative, meaning all requirements must be met. It applied the principles outlined in the *Social Security Act 1991* and the *Social Security (Tables for the Assessment of Work-related Impairment for Disability Support Pension) Determination 2011*, as well as relevant policy guidance from the Department of Social Services. The Tribunal found that the applicant's conditions did not attract the requisite 20 points under the Impairment Tables during the specified qualification period, nor was there evidence of a continuing inability to work. Consequently, the applicant was not qualified for a DSP.

The Tribunal affirmed the AAT's decision of 12 April 2019, meaning the applicant's appeal was unsuccessful.