Jansen v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs

The parties to this proceeding were Mr. Jansen, the applicant, and the Secretary of the Department of Families, Housing, Community Services and Indigenous Affairs, the respondent. The dispute concerned the respondent's decision to refuse Mr. Jansen's application for a disability support pension. The matter came before the High Court of Australia on appeal from the Full Federal Court.

The central legal issue before the High Court was whether the respondent had correctly applied the provisions of the *Social Security Act 1991* (Cth) in determining that Mr. Jansen did not have a "severe impairment" for the purposes of qualifying for a disability support pension. Specifically, the court had to consider the interpretation and application of the "impairment tables" and the assessment of whether Mr. Jansen's conditions met the threshold for severe functional impairment.

The High Court reasoned that the assessment of a "severe impairment" under the *Social Security Act* requires a holistic consideration of the applicant's functional capacity, not merely a summation of individual impairments. Gleeson CJ and Crennan J emphasised that the impairment tables are designed to assess the overall impact of a person's conditions on their ability to function in society. They found that the respondent had erred by focusing too narrowly on specific symptoms without adequately considering the cumulative effect of Mr. Jansen's various medical conditions on his overall functional capacity. The court affirmed that the assessment must be based on the evidence of the applicant's actual functional limitations.

The High Court allowed the appeal, set aside the decision of the Full Federal Court, and remitted the matter to the Administrative Appeals Tribunal for redetermination in accordance with the High Court's reasons.