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

The Administrative Appeals Tribunal considered whether Mr Lemon qualified for a Disability Support Pension (DSP) during the period of 15 May 2017 to 14 August 2017. The dispute centred on whether Mr Lemon possessed a qualifying impairment and, if so, whether that impairment met the criteria for a DSP.

The Tribunal was required to determine four key issues: first, whether Mr Lemon had a physical, intellectual, or psychiatric impairment; second, if such an impairment existed, whether it was permanent; third, if permanent, whether the impairment rated at least 20 points on the Impairment Tables; and fourth, if the impairment met the points threshold, whether Mr Lemon had a continuing inability to work. The relevant legislation included the *Social Security Act 1991*, the *Social Security (Administration) Act 1999*, and associated determinations concerning Impairment Tables and active participation.

The Tribunal found that Mr Lemon had a number of physical and psychiatric conditions that resulted in a loss of functional capacity affecting his ability to work, satisfying the definition of impairment under section 3 of the Impairment Determination. The respondent accepted that Mr Lemon met the criterion of having a physical, intellectual, or psychiatric impairment under section 94(1)(a) of the Act. However, the Tribunal ultimately found that Mr Lemon did not qualify for the DSP within the specified qualification period.

Consequently, the Tribunal affirmed the decision under review, meaning Mr Lemon's application for a Disability Support Pension was not granted.