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

Case

[2019] AATA 2801

22 August 2019


Details
AGLC Case Decision Date
Kora and Secretary, Department of Social Services (Social services second review) [2019] AATA 2801 [2019] AATA 2801 22 August 2019

CaseChat Overview and Summary

This matter concerned an application for a Disability Support Pension (DSP) by Ms Kora against the Secretary of the Department of Social Services. The Administrative Appeals Tribunal (AAT) was required to review a decision regarding Ms Kora's eligibility for the pension.

The primary legal issue before the Tribunal was whether Ms Kora satisfied the qualification criteria for a DSP under section 94(1) of the *Social Security Act 1991* (Cth). This involved assessing whether her physical and psychological impairments met the required threshold for the pension.

The Tribunal Member, Mr S Evans, found that Ms Kora did not meet the threshold requirement of 20 points under the relevant assessment criteria. Consequently, it was not necessary for the Tribunal to consider the further step of assessing her continuing ability to work. The Member was satisfied that Ms Kora did not qualify for the DSP. The decision under review was affirmed.
Details

Areas of Law

  • Administrative Law

  • Statutory Interpretation

Legal Concepts

  • Judicial Review

  • Standing

  • Statutory Construction

  • Procedural Fairness

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