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

This matter concerned an appeal by Ms Konopka against a decision of the Social Security Appeals Tribunal (SSAT) regarding her eligibility for a Disability Support Pension (DSP). The Secretary of the Department of Social Services was the respondent. The core of the dispute revolved around whether Ms Konopka met the qualification requirements for the DSP, specifically concerning her alleged continuing inability to work.

The primary legal issue before the Tribunal was to determine whether Ms Konopka had a continuing inability to work within the meaning of section 94 of the *Social Security Act 1991* (Cth). This involved considering whether certain medical treatments she received, aimed at maintaining her self-employment, constituted a "program of support" as defined by the Act, and whether the providers of such treatment were "designated providers".

The Tribunal found that Ms Konopka did not satisfy the requirements of subsection 94(1)(c) of the Act. Consequently, the Tribunal set aside the SSAT's decision and substituted a new decision. The substituted decision was that Ms Konopka was not qualified for the DSP at the date of her claim, nor within the 13 weeks following that date.