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

This matter concerned an appeal by Mr Garth Larcombe against the decision of the Secretary, Department of Social Services, to cancel his Disability Support Pension on 23 August 2007. The appeal was heard by Senior Member D. J. Morris of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether Mr Larcombe satisfied the legislative requirements for a Disability Support Pension at the time his pension was cancelled, specifically concerning the assessment of his spinal impairments under the provisions of the *Social Security Act 1991*. This involved considering the relevant impairment rating criteria in force at that time, including those set out in a repealed instrument.

The Tribunal considered medical evidence, including reports from Mr Larcombe's treating general practitioner and an orthopaedic surgeon, which diagnosed degenerative changes to his lower spine with an onset date of 1997. The Tribunal also took into account Mr Larcombe's own evidence regarding his daily living activities, his ability to perform household chores, and his part-time employment at the time of cancellation. While acknowledging Mr Larcombe did not appear to exaggerate his condition and had taken steps to manage his limitations, the Tribunal concluded, based on the evidence and the applicable legislative criteria, that he did not satisfy the requirements for the pension at the time of cancellation.

The Tribunal affirmed the decision under review, upholding the cancellation of Mr Larcombe's Disability Support Pension.