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

This matter concerned an application for a Disability Support Pension (DSP) by the Applicant, following the cancellation of her previous DSP in November 2016. The Respondent, the Secretary of the Department of Social Services, had refused the application. The Applicant sought review of a decision by the Administrative Appeals Tribunal (AAT) which affirmed the Respondent's refusal. The case was heard by Senior Member Puplick.

The legal issues before the Tribunal were whether the Applicant qualified for the DSP under section 94 of the *Social Security Act 1991* (Cth). Specifically, the Tribunal had to determine if the Applicant had a physical, intellectual, or psychiatric impairment of 20 points or more, and whether she had participated in a program of support (POS) or qualified for an exemption from such requirements. A prior decision of the AAT had established that the Applicant met the 20-point impairment threshold, but this was achieved cumulatively, not through a single severe impairment.

The Tribunal reasoned that the Applicant's decision to lodge a new application for DSP after her previous pension was cancelled, rather than appealing the cancellation, meant that the requirements of section 94 of the Act were engaged *de novo*. Her prior history of receiving DSP and any previous POS exemptions were no longer relevant. The Tribunal found that while the Applicant had a history of engagement with POS and had received exemptions in the past, there was no evidence of her participation in or enrolment in a qualifying POS during the relevant period preceding her new application in December 2016. The Tribunal noted that provisions allowing for discretion in POS requirements applied to the continuation of an existing DSP, not to a new claim.

The Tribunal affirmed the decision under review, finding that the Applicant had failed to meet the POS requirements for her new DSP application.