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

This matter concerned an application for a disability support pension (DSP) by the Applicant, Mr Le, against the Secretary of the Department of Social Services. The dispute centred on whether the Applicant's various medical conditions met the criteria for the DSP, specifically concerning the Impairment Tables. The Administrative Appeals Tribunal (AAT) was required to review the decision.

The legal issues before the Tribunal were whether the Applicant had one or more permanent medical conditions, if these conditions were fully diagnosed, treated, and stabilised, and whether they warranted an impairment rating of at least 20 points under the Impairment Tables. If these thresholds were met, the Tribunal would then need to consider if the Applicant had a continuing inability to work.

The Tribunal's reasoning emphasised that its assessment must be based on the Applicant's medical condition at the time of his DSP claim or within the subsequent 13-week qualification period. Any changes or deterioration in health occurring after this period are irrelevant to the current proceeding, except insofar as they might shed light on the applicant's condition at the relevant time. The Tribunal noted that if a condition has progressed since the original application, the applicant should make a new claim. In this instance, the Applicant was found to have impairments satisfying the initial requirements of the Act, but the Tribunal determined that his conditions did not meet the threshold of 20 impairment points. Consequently, it was unnecessary to consider the Applicant's continuing inability to work.

As the Applicant was awarded less than 20 impairment points, the Tribunal affirmed the decision under review. The Tribunal acknowledged the Applicant's significant health issues and challenging personal circumstances, but stated that the Act provided no discretion to depart from the strict requirements for the DSP.