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

The Administrative Appeals Tribunal considered a dispute between Mr. Kovacevic and the Secretary of the Department of Social Services concerning Mr. Kovacevic's claim for a disability support pension. The primary issue was whether Mr. Kovacevic met the eligibility criteria for the pension, which involved assessing the severity and stability of his medical conditions.

The Tribunal was required to determine several key legal questions. These included whether Mr. Kovacevic's medical conditions were fully diagnosed, treated, and stabilised within the relevant qualification period. Furthermore, the Tribunal had to ascertain if these conditions attracted an impairment rating of at least 20 points under the Social Security Act 1991 (Cth) and its associated legislation. The Tribunal also needed to consider whether Mr. Kovacevic had participated in a program of support, or if he was exempt from such participation, and crucially, whether he had a continuing inability to work.

In its reasoning, the Tribunal found that the evidence did not establish that Mr. Kovacevic's conditions were fully diagnosed, treated, and stabilised during the qualification period. Consequently, it was unable to conclude that his conditions attracted the requisite 20-point impairment rating. The Tribunal also noted that the evidence did not demonstrate that Mr. Kovacevic had participated in a program of support or was exempt from such participation. Given these findings, the Tribunal determined that the decision under review, which had rejected the claim, could not stand. The Tribunal set aside the decision under review.