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

This matter concerned an appeal by Ms Lahz against a decision of the Secretary of the Department of Social Services affirming a decision that she did not qualify for a Disability Support Pension (DSP). The Administrative Appeals Tribunal (AAT) was required to determine whether Ms Lahz met the eligibility criteria for the DSP.

The primary legal issue before the Tribunal was whether Ms Lahz satisfied section 94(1)(c) of the *Social Security Act 1991* (Cth), which requires a claimant to have a "continuing inability to work" as defined in the Act. This involved assessing whether her conditions were fully diagnosed, treated, and stabilised, and whether she suffered a severe functional impact on her activities of daily living, as assessed against relevant impairment tables.

The Tribunal found that Ms Lahz had not actively participated in a Program of Support (POS) prior to the date of her claim. Consequently, she did not satisfy the requirements of section 94(1)(c) of the Act. The Tribunal was satisfied that, during the relevant claim period, Ms Lahz did not have a continuing inability to work as defined by the Act.

Accordingly, the Tribunal affirmed the decision under review, finding that Ms Lahz did not qualify for the Disability Support Pension.