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

This matter concerned an appeal by Ms Kilvington against the rejection of her claim for a disability support pension by the Secretary of the Department of Social Services. The Administrative Appeals Tribunal (AAT) was required to determine whether Ms Kilvington met the eligibility criteria for the pension, specifically concerning the severity of her impairments and her ability to work.

The central legal issues before the AAT were whether Ms Kilvington had an impairment rating of 20 points or more under the Impairment Tables at the time of her claim, and whether she had a continuing inability to work. The AAT also considered the requirement for an applicant to have actively participated in a program of support, and the conditions under which such participation might not be necessary.

The AAT Member found that while the Secretary accepted Ms Kilvington suffered from several conditions, including Reflex Sympathetic Dystrophy, a mental health condition, Parkinson's disease, and others, the material before the Tribunal did not establish an impairment rating of 20 points or more under the Impairment Tables during the relevant claim period. The AAT Member noted that the medical report from Dr Murphy indicated that Ms Kilvington's conditions were generally well managed and caused minimal functional impact. Consequently, the AAT affirmed the decision under review, finding that Ms Kilvington did not satisfy the criteria for a disability support pension.