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

The Administrative Appeals Tribunal (AAT) considered the eligibility of Mr Kontossis for a Disability Support Pension (DSP) in a review of a decision by the Secretary of the Department of Social Services. The core of the dispute concerned whether Mr Kontossis met the requirements of section 94(1) of the relevant social security legislation during the specified period.

The Tribunal was required to determine whether Mr Kontossis satisfied all the conditions stipulated in section 94(1) of the Act to be qualified for a DSP. This involved an assessment of whether each component of the conjunctive provision had been met by the applicant.

The Tribunal reasoned that section 94(1) operates conjunctively, meaning that all parts of the subsection must be satisfied for an individual to be eligible for the DSP. As the applicant failed to satisfy each of these required parts during the relevant period, the Tribunal concluded that the original decision denying the DSP was correct. Consequently, Mr Kontossis was not qualified for the DSP at that time. The reviewable decision was affirmed.