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

The Administrative Appeals Tribunal (AAT) considered an application by Mr Keynes for a review of a decision to reject his claim for a disability support pension (DSP). Mr Keynes had lodged his claim on 22 July 2020, asserting that various medical conditions significantly impacted his ability to work. The initial assessment by Centrelink, and subsequent reviews, determined that his conditions were not fully diagnosed, treated, and stabilised (FDTS) and did not attract an impairment rating of 20 points or more under the Impairment Tables, a prerequisite for DSP.

The central legal issues before the Tribunal were whether Mr Keynes' medical conditions were fully diagnosed, treated, and stabilised during the qualification period (22 July 2020 to 21 October 2020), whether these conditions attracted an impairment rating of at least 20 points under the Impairment Tables, and whether he had a continuing inability to work. The Tribunal was required to assess these criteria in accordance with section 94 of the *Social Security Act 1991* (Cth) and relevant legislative instruments, including the Impairment Tables.

The Tribunal's reasoning focused on the assessment of Mr Keynes' medical conditions during the qualification period. While the Respondent accepted that Mr Keynes had impairments, it was contended that these did not meet the 20-point threshold under the Impairment Tables during that period. The Tribunal found that Mr Keynes' conditions, as assessed during the qualification period, attracted a total impairment rating of only five points. Consequently, he failed to satisfy the requirement under section 94(1)(b) of the Act.

The Tribunal affirmed the reviewable decision, which had upheld the rejection of Mr Keynes' claim for a disability support pension. This outcome was based on the finding that Mr Keynes' impairments did not meet the minimum impairment rating required by the legislation during the relevant qualification period.