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

This matter concerned an application by the Applicant for a review of a decision regarding his eligibility for a Disability Support Pension (DSP) and, specifically, for indefinite portability of that pension. The review was heard by Senior Member Bill Stefaniak AM RFD of the Administrative Appeals Tribunal (AAT).

The primary legal issue before the Tribunal was whether the Applicant met the criteria for a "severe impairment" under the relevant social security law provisions, which would qualify him for a DSP and its portability. This required an assessment of his various medical conditions and functional impairments against specific tables designed to quantify work-related impairment.

The Tribunal considered extensive documentary evidence, including reports from the Applicant's general surgeon, rheumatologist, GP, and a welfare association, as well as the Applicant's own testimony and that of a witness. Applying the criteria in the Social Security (Tables for the Assessment of Work-related Impairment for Disability Support Pension) Determination 2011, the Tribunal found that the Applicant qualified for 20 points under Table 1 (Functions requiring Physical Exertion and Stamina) and also under Table 2 (Upper Limb Function). The Tribunal was satisfied that these severe impairments were permanent and would continue for at least five years, preventing the Applicant from performing any work in Australia independently of a support program. Consequently, the Tribunal set aside the previous decision and substituted a new decision granting the Applicant indefinite portability of his DSP. The Tribunal also noted that it would be more cost-effective for the Australian taxpayer if the Applicant were to reside in Serbia with his DSP.