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

This matter concerned an application for a Disability Support Pension (DSP) by the applicant, Mr Kalayzich, against a decision of the Secretary of the Department of Social Services. The Administrative Appeals Tribunal was required to determine whether the applicant's medical conditions attracted 20 or more impairment points under the relevant Impairment Tables during the specified "Relevant Period," and if so, whether he had a continuing inability to work.

The Tribunal considered the applicant's lower back condition, which was accepted as fully diagnosed, fully treated, and fully stabilised during the Relevant Period, attracting 10 impairment points under Table 4 of the Impairment Tables. However, the applicant's left shoulder condition, while also fully diagnosed, treated, and stabilised, attracted 0 impairment points under Table 2. Crucially, the applicant's left foot and mental health conditions were found not to have been fully diagnosed, fully treated, and fully stabilised during the Relevant Period, meaning they could not be considered permanent for the purpose of assigning impairment ratings.

As a result of these findings, the Tribunal concluded that the applicant did not accumulate the required 20 impairment points under the Impairment Tables. Consequently, the requirements of section 94(1)(b) of the Social Security Act 1991 were not met. The Tribunal affirmed the decision under review, noting that the applicant could test his eligibility for DSP at any future time.