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

This matter concerned an application for a Disability Support Pension (DSP) by Ms Jennings, who suffers from ectodermal dysplasia. The dispute centred on whether Ms Jennings met the legislative requirements for the DSP, specifically concerning the severity of her impairment and her capacity to work. The case was heard by Ms Anna Burke, a Member of the Social Security and Child Support Division of the Administrative Appeals Tribunal.

The legal issues before the Tribunal were whether Ms Jennings had a physical, intellectual, or psychiatric impairment; whether this impairment was from a diagnosed condition that was fully diagnosed, treated, and stabilised and likely to continue for at least two years; whether the condition attracted at least 20 points under the Social Security (Tables for the Assessment of Work-related Impairment for Disability Support Pension) Determination 2011; and whether she had a continuing inability to work.

The Tribunal found that Ms Jennings did suffer from ectodermal dysplasia, a condition accepted as fully diagnosed, treated, and stabilised, and likely to continue. Applying the Impairment Tables, specifically Table 14 for Functions of the Skin, the Tribunal determined that Ms Jennings's condition, which causes an inability to sweat efficiently and a danger of overheating, resulted in moderate functional difficulties involving exposure to heat and sunlight. This condition was assessed as attracting 20 points under the Impairment Tables. However, the Tribunal also found that Ms Jennings had a baseline work capacity of at least 15 hours per week and had indicated a willingness to work or undertake training if her specific needs were met, meaning she did not have a continuing inability to work.

Consequently, the Tribunal affirmed the decision to reject Ms Jennings's DSP claim, as while she met the impairment points requirement, she did not satisfy the criterion of having a continuing inability to work.