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

This matter concerned an appeal to the General Division of the Administrative Appeals Tribunal regarding the cancellation of the Applicant's Disability Support Pension (DSP). The Applicant had been in receipt of DSP since 2011, but following a job capacity assessment and subsequent review, the Department of Social Services determined he was no longer qualified and cancelled his pension effective from 15 August 2018. The Administrative Appeals Tribunal (AAT1) had previously affirmed this cancellation decision.

The primary legal issue before the Tribunal was whether the Applicant met the requirements for DSP as set out in section 94(1) of the *Social Security Act 1991* as at 6 July 2018, the date of the cancellation decision. Specifically, the Tribunal was required to determine if the Applicant had a physical, intellectual, or psychiatric impairment, if this impairment attracted a rating of 20 points or more under the Impairment Tables, and if he had a continuing inability to work. The Secretary conceded the Applicant had an impairment but argued he did not meet the threshold for points or the continuing inability to work criteria.

The Tribunal considered the Applicant's conditions, including COPD, Hepatitis C, and chronic elbow and knee pain, in light of the Secretary's arguments that these conditions were not fully diagnosed, treated, and stabilised, or that they did not attract the requisite impairment points. The Tribunal ultimately found that the Applicant did have an ability to work for 15 hours or more per week. Consequently, the Tribunal affirmed the decision under review, upholding the cancellation of the Applicant's DSP.