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

The Administrative Appeals Tribunal (AAT) considered the case of Lapworth and the Secretary, Department of Social Services. The applicant sought review of a decision affirming the rejection of their claim for a disability support pension (DSP). The core dispute revolved around whether the applicant met the eligibility requirements for this pension.

The Tribunal was tasked with determining several key legal issues. These included whether the applicant had a physical, intellectual, or psychiatric impairment during the relevant qualification period. Further, the Tribunal had to ascertain if this impairment was fully diagnosed, treated, and stabilised within that period, and if it attracted an impairment rating of 20 points or more under Table 1 of the Social Security (Tables for the Assessment of Work-related Impairment for Disability Support Pension) Determination 2011. Finally, the Tribunal needed to assess whether the applicant had a continuing inability to work.

The Tribunal's reasoning focused on the criteria set out in section 94(1) of the *Social Security Act 1991* (Cth). This section mandates that an applicant must have a qualifying impairment, achieve an impairment rating of 20 points or more under the Impairment Tables, and demonstrate a continuing inability to work. The Tribunal considered medical reports and other documentary evidence, as well as oral submissions and evidence from the applicant, in its assessment of these criteria. The definition of "Impairment Tables" under section 23(1) and the Minister's power to determine these tables and their application rules under section 26 were also relevant legislative considerations.