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

This matter concerned an appeal by Ms Kennedy against a decision by the Secretary, Department of Social Services, regarding her claim for a disability support pension. The Administrative Appeals Tribunal was required to determine whether Ms Kennedy's medical conditions were fully diagnosed, fully treated, and fully stabilised during the relevant qualification period, and whether these conditions resulted in an impairment rating of 20 points or more under the Impairment Tables, thereby establishing a continuing inability to work.

The Tribunal was tasked with assessing Ms Kennedy's condition as it was during the qualification period for the disability support pension claim, which was lodged on 21 December 2016. The Tribunal emphasised that its assessment must be confined to the state of affairs at that time, and not be influenced by later developments or evidence that emerged after the qualification period. While evidence that arose after the assessment period could be considered, its relevance was limited to assisting in establishing the true state of affairs during that period. The Tribunal also noted that if a medical condition had progressed since the original application, the applicant would need to make a new claim, as the Tribunal could not use evidence of such progression to award a pension based on changed circumstances. Furthermore, the assessment of treatment efficacy was to be based on the likely effect of treatment at the time of the claim and in the subsequent 13 weeks, rather than on the actual outcome of treatment after the relevant period.