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

This matter concerned an application for a disability support pension (DSP) by KSWB against the Secretary, Department of Social Services. The core dispute revolved around whether the applicant met the eligibility criteria for the pension, specifically concerning the assessment of their medical conditions and their impact on their capacity to work. The case was heard by C Edwardes M.

The legal issues before the Tribunal were whether the applicant had any physical, intellectual, or psychiatric impairment, and if so, whether these impairments attracted ratings of at least 20 points under the relevant Impairment Tables. Crucially, the Tribunal also had to determine if the applicant had a "continuing inability to work" as defined by the Social Security Act 1991.

The Tribunal's reasoning focused on the application of the Social Security (Tables for the Assessment of Work-related Impairment for Disability Support Pension) Determination 2011. It was established that for DSP eligibility, an applicant must have an impairment rated at 20 points or more under these tables and demonstrate a continuing inability to work. The Impairment Tables are function-based, assessing functional capacity, and can only be applied after considering the applicant's medical history. Conditions must be permanent, fully diagnosed, treated, and stabilised, likely to persist for more than two years, and symptoms require corroborating evidence.

Ultimately, the Tribunal found that the applicant had zero points under the Impairment Tables, thus failing to satisfy the requirement of subsection 94(1)(b) of the Act. Consequently, the Tribunal did not need to consider the criterion of a continuing inability to work. The decision of the Administrative Appeals Tribunal was affirmed, meaning the applicant did not qualify for the DSP.