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

This matter concerned an application for a disability support pension by the Applicant against the Secretary, Department of Social Services. The Applicant sought to challenge a decision affirming the rejection of his claim for the pension. The Administrative Appeals Tribunal (AAT) was required to determine whether the Applicant met the eligibility criteria for the pension as at 11 January 2017.

The AAT was tasked with determining several key issues. These included whether the Applicant had a physical, intellectual, or psychiatric impairment, and if so, whether these impairments were diagnosed, treated, and stabilised, and likely to continue for at least two years. Furthermore, the Tribunal had to assess whether any such impairment attracted a rating of 20 points or more under the Impairment Tables, and whether the Applicant had a continuing inability to work. Finally, the AAT considered whether the Applicant satisfied the requirements for indefinite portability.

The Tribunal found that the Applicant did suffer from physical impairments, specifically relating to his right hip and groin, right shoulder, and spine, as accepted by the Respondent. However, the critical issue was whether these impairments, when assessed against the Impairment Tables, reached the threshold of 20 points, and more importantly, whether they resulted in a continuing inability to work. The Tribunal noted that medical reports prepared after the qualification period could be relevant if they shed light on the Applicant's condition during that period. Ultimately, the Tribunal concluded that the Applicant's impairments did not prevent him from performing any work independently of a program of support within the next five years, as required by section 94(4) of the Social Security Act 1991.

Consequently, the Administrative Appeals Tribunal affirmed the decision under review.