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

This matter concerned an appeal by the Applicant against a decision of the Social Services & Child Support Division of the Administrative Appeals Tribunal, which affirmed Services Australia's rejection of the Applicant's claim for a Disability Support Pension. The Applicant lodged his claim on 27 August 2020, and the relevant qualification period extended for thirteen weeks thereafter.

The primary legal issues before the Tribunal were whether, during the qualification period, the Applicant had a physical, intellectual, or psychiatric impairment for the purposes of section 94(1)(a) of the *Social Security Act 1991* (Cth), and if so, whether these impairments attracted a rating of at least 20 points under the *Social Security (Tables for the Assessment of Work-Related Impairment for Disability Support Pension) Determination 2011* (the Determination) for the purposes of section 94(1)(b) of the Act. A further issue was whether the Applicant had a continuing inability to work as defined in section 94(2) of the Act.

The Tribunal considered the Applicant's evidence, including medical reports and submissions, in conjunction with the provisions of the Act and the Determination. The Determination outlines that an impairment rating can only be assigned if the condition causing the impairment is permanent and more likely than not to persist for more than two years. Permanence requires the condition to be fully diagnosed, fully treated, and fully stabilised. The Tribunal noted that the Impairment Tables are function-based and assess the functional impact of an impairment, not the condition itself. The Respondent accepted that the Applicant had impairments consisting of fibromyalgia and psychiatric conditions, satisfying section 94(1)(a). However, the central question revolved around whether these impairments met the threshold for a 20-point rating under the Impairment Tables.

The Tribunal affirmed the decision under review, finding that the Applicant did not meet the requirement of attracting an impairment rating of 20 or more points under the Impairment Tables. Consequently, the Applicant did not satisfy the criteria for a Disability Support Pension.