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

This matter concerned an appeal by Ms Channa Lim against a decision of the Social Services and Child Support Division to reject her claim for a Disability Support Pension. The Administrative Appeals Tribunal (AAT) heard the application in Brisbane, with both parties appearing by telephone. The applicant was self-represented and assisted by an interpreter, while the respondent was represented by Services Australia.

The primary legal issues before the Tribunal were whether the applicant satisfied the criteria for a Disability Support Pension under sections 94(1)(a) and 94(1)(b) of the *Social Security Act 1991* (Cth). Specifically, the Tribunal had to determine if the applicant suffered from a physical, intellectual, or psychiatric impairment, and if that impairment attracted a rating of 20 points or more under the relevant Impairment Tables. A crucial aspect of the determination was whether the applicant's condition met these requirements during the relevant "Qualification Period."

The Tribunal found that the applicant did suffer from an impairment, specifically a degenerative spinal condition, prior to and during the Qualification Period. This was supported by medical imaging and a diagnosis from her General Practitioner. However, the Tribunal determined that the applicant did not satisfy section 94(1)(b) of the Act, as the evidence did not demonstrate that her impairment reached the threshold of 20 points or more under the Impairment Tables. The Tribunal noted that any treatment or specialist intervention that post-dated the Qualification Period was not relevant to the current claim, although it could be relevant to a future claim.

Consequently, the Tribunal affirmed the decision of the Social Services and Child Support Division to reject the applicant's claim for the Disability Support Pension. The Tribunal clarified that this decision did not preclude the applicant from making a new claim in the future.