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

The applicant, Mr Michael Jones, sought review of a decision by the Social Services and Child Services Division of the Administrative Appeals Tribunal which affirmed the cancellation of his disability support pension (DSP). Mr Jones had been receiving DSP since 2006 due to a psychiatric impairment. The cancellation of his DSP was based on a job capacity assessment which found his impairment rating to be less than 20 points.

The court was required to determine whether Mr Jones was eligible for DSP on 27 August 2015, the date his pension was cancelled. This involved assessing whether he had any impairments, whether the conditions causing those impairments were fully diagnosed, treated, and stabilised on that date, and whether his total impairment rating was 20 points or more, leading to a continuing inability to work.

The court found that while Mr Jones had physical and psychiatric impairments, his depression and anxiety condition could not be considered fully diagnosed, treated, and stabilised by an appropriately qualified medical practitioner on the date of cancellation. Medical reports from general practitioners were deemed insufficient for diagnosis under the relevant determination, and a psychiatrist's opinion was obtained after the cancellation date. Furthermore, there was no evidence of a diagnosis by a psychiatrist or clinical psychiatrist. As Mr Jones failed to satisfy the criteria under section 94(1)(b) of the Social Security Act 1991 (Cth), the court did not need to consider the other eligibility requirements.

The decision under review was affirmed.