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

This matter concerned an appeal by the applicant against a decision affirming the cancellation of her disability support pension. The dispute centred on whether the applicant met the qualification requirements for the pension within the 13-week qualification period following her claim. The decision was made by Ms A F Cunningham, Senior Member, of the Tribunal.

The legal issues before the Tribunal were whether the applicant's medical conditions were permanent, meaning they were fully diagnosed, fully treated, and fully stabilised, and whether she satisfied the program of support and continuing inability to work provisions under the relevant legislation. Specifically, the Tribunal had to consider the definition of a permanent condition, which requires it to be more likely than not to persist for more than two years, and the criteria for a condition being fully treated and stabilised.

The Tribunal reasoned that while the applicant had several fully diagnosed medical conditions, including multiple sclerosis, generalised anxiety disorder, rheumatoid arthritis, and chronic pain, there was insufficient evidence to establish that these conditions were fully treated and stabilised during the qualification period. For rheumatoid arthritis, for instance, the Tribunal noted a lack of recent medical evidence regarding treatment. Furthermore, although medical practitioners opined that the applicant was unable to work, their assessments did not consider the legislative definition of "work" in terms of hours. The Tribunal also found that the applicant had not satisfied the requirements for active participation in a program of support for the requisite 18-month period.

Consequently, the Tribunal affirmed the decision under review, finding that the applicant did not meet the qualification requirements for the disability support pension during the relevant period.