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

This matter concerned an application for a Disability Support Pension by Mr Lockett against the Secretary, Department of Social Services. The core of the dispute revolved around whether Mr Lockett medically qualified for the pension and, if so, the correct commencement date for his claim, with Mr Lockett contending that the primary issue was the start date of his entitlement. The case was heard by Deputy President McDermott.

The legal issues before the court were whether Mr Lockett satisfied the medical qualification requirements under sections 94(1)(c) and 94(2)(aa), (a), or (b) of the relevant Act during the qualification period for his claims. Additionally, the court had to determine the correct start date for any potential entitlement to the pension, considering Mr Lockett's submissions regarding compensation payments and repayments.

The Deputy President found that Mr Lockett did not satisfy the legislative requirements for a Disability Support Pension during the relevant qualification periods for his claims lodged on 9 September 1993, 23 July 2018, 22 December 2016, and 29 May 2019. While acknowledging Mr Lockett's honesty and genuine impairments, the court determined that the medical evidence did not establish the necessary functional impact for qualification. The court rejected Mr Lockett's arguments regarding the start date, finding that the repayment of periodic WorkCover payments using a lump sum compensation did not alter the fact that he had received an income during the relevant times.

Consequently, the court affirmed the decisions to reject the claims lodged on 9 September 1993 and 23 July 2018. The court also set aside the decisions that had found Mr Lockett qualified for the Disability Support Pension under the claims lodged on 22 December 2016 and 29 May 2019, substituting these with decisions to reject those claims.