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

The Administrative Appeals Tribunal considered an appeal by Mr. Loh against the Secretary of the Department of Social Services' decision to refuse him a disability support pension. The core of the dispute concerned whether Mr. Loh's medical conditions, specifically Chronic Myeloid Leukaemia, cardiac and respiratory disorders, and pleural effusions, met the threshold of rating 20 points or more under the Impairment Tables, as required by section 94(1) of the *Social Security Act 1991* (Cth) for the grant of a disability support pension.

The Tribunal was tasked with determining whether Mr. Loh's impairments, when assessed against the Impairment Tables, reached the requisite 20-point threshold during the relevant qualifying period. This involved interpreting the criteria within the Impairment Tables and assessing the functional impact of his diagnosed conditions on his ability to work. A key aspect of this assessment was the meaning of "assistance" as it applied to the functional limitations caused by his conditions.

The Tribunal's reasoning focused on the assessment of Mr. Loh's conditions against the specific criteria of the Impairment Tables. It was found that, despite the presence of Chronic Myeloid Leukaemia and associated cardiac and respiratory issues, the evidence did not demonstrate that these conditions, individually or in combination, resulted in functional limitations that met the 20-point requirement. The Tribunal concluded that Mr. Loh did not satisfy the requirements of section 94(1) of the *Social Security Act 1991* during the qualifying period. Consequently, the decision under review, which affirmed the refusal to grant a disability support pension, was affirmed.