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

This matter concerned an appeal by Mr Kettul against the Secretary of the Department of Social Services' decision to cancel his disability support pension. The dispute centred on whether Mr Kettul met the legislative criteria for receiving the pension at the time of cancellation, specifically concerning the severity and permanence of his diagnosed medical conditions. The decision was made by A Poljak SM in the Administrative Appeals Tribunal.

The primary legal issues before the Tribunal were whether Mr Kettul's various medical conditions, including depression, Post-Traumatic Stress Disorder (PTSD), diabetes, osteoarthritis, and a shoulder condition, were fully diagnosed, treated, and stabilised, and whether these impairments, when assessed under the relevant Impairment Tables, resulted in a rating of 20 points or more. The Tribunal was also required to determine if the criteria for unlimited portability of the pension were met.

The Tribunal's reasoning focused on the definition of a "permanent" condition under the Impairment Tables, which requires a condition to be fully diagnosed, fully treated, fully stabilised, and likely to persist for more than two years. The Tribunal considered the evidence presented, including medical reports and Medicare and PBS records, in assessing whether these criteria were met for each of Mr Kettul's conditions. The Tribunal applied the principles that impairment ratings can only be assigned according to the specific ratings in the tables, and that if an impairment falls between two ratings, the lower rating is assigned unless all descriptors for the higher rating are satisfied. Furthermore, where multiple conditions cause a combined impairment, a single rating should be assigned for that combined impairment, rather than separate ratings for each condition.

Ultimately, the Tribunal affirmed the decision under review, finding that Mr Kettul did not meet the necessary qualification criteria, including the portability requirements. Mr Kettul was advised that he could reapply for the disability support pension at any time.