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

The Administrative Appeals Tribunal considered the eligibility of the applicant, Ms Kartman, for a Disability Support Pension (DSP) against the Secretary of the Department of Social Services. The applicant sought to overturn the Department's decision that she did not qualify for the DSP due to her congenital condition.

The primary legal issue before the Tribunal was whether Ms Kartman met the eligibility requirements for the DSP, specifically concerning the functional impact of her condition and the fulfilment of program of support requirements. The Tribunal was required to assess whether her congenital condition resulted in a sufficient level of impairment to qualify her for the pension under the relevant legislation.

The Tribunal acknowledged the applicant's challenging medical condition and her effective presentation of her case. However, the Tribunal found itself bound by the provisions of the Social Security Act. Crucially, the Tribunal determined that the applicant had not met the program of support requirements. In the absence of this essential criterion being satisfied, the Tribunal concluded that it could not find the applicant qualified for the DSP during the relevant period. Consequently, the Tribunal affirmed the Department's original decision.