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

This matter concerned an application for a Disability Support Pension (DSP) by JQGF, who was 17 years old at the time of the hearing. The Secretary of the Department of Social Services had rejected the claim. The dispute centred on whether the applicant’s medical conditions were fully diagnosed, fully treated, and stabilised during the qualification period, and whether these conditions attracted an impairment rating of at least 20 points as required for the DSP. The case was heard by G Hallwood M.

The court was required to determine two primary legal issues. Firstly, whether the applicant possessed a physical, intellectual, or psychiatric impairment that met the criteria for DSP. Secondly, the court had to assess whether the applicant’s impairments, as they existed during the claim period (5 September 2018 to 5 December 2018), attracted an impairment rating of 20 points or more under the relevant Impairment Tables, and whether these conditions were permanent.

The court found that the applicant did have both physical and psychiatric impairments, satisfying the first criterion for DSP. The applicant had been diagnosed with posterior urethral valves at five months of age, leading to a range of associated medical conditions, including deteriorating kidney function, bladder thickening, rectal bleeding, and associated anxiety and depression. The court noted that the assessment of impairment points was confined to the period of the claim and that conditions arising after that time could not be considered. The decision under review was set aside, and the matter was remitted to the Chief Executive Officer of Centrelink for reconsideration. The applicant was to be reassessed on the basis that he satisfied the relevant paragraphs of the Act and was eligible for DSP from the date of his claim, provided all other requirements were met.