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

The Administrative Appeals Tribunal considered an appeal by Mr Kamal against the Secretary, Department of Social Services' decision to refuse him a Disability Support Pension. Mr Kamal, who commenced living in Australia in 2009, lodged his claim on 15 December 2021, alleging a worsening back injury sustained while working in a factory significantly impacted his ability to find other work. This claim had previously been rejected by Centrelink and affirmed by an Authorised Review Officer, and an earlier appeal to the Tribunal was unsuccessful.

The Tribunal was required to determine whether Mr Kamal had a physical, intellectual, or psychiatric impairment during the relevant period, which was the 13 weeks following his claim lodgement, ending on 16 March 2022. It also needed to ascertain if any such impairments were rated at 20 points or more under the Impairment Tables, and if so, whether this constituted a severe impairment or if he had a continuing inability to work or had participated in a relevant program of support. The Tribunal noted that the presence of a diagnosed condition alone does not guarantee an impairment rating, as appropriate treatment may negate functional impact.

The Tribunal found that Mr Kamal did not satisfy the requirements of sections 94(1)(b) and 94(1)(c) of the Social Security Act 1991 (Cth) during the relevant period. Consequently, the reviewable decision to affirm the refusal of the Disability Support Pension was upheld.