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

The Administrative Appeals Tribunal (AAT) considered an application for a Disability Support Pension (DSP) by the Applicant against the Secretary, Department of Social Services. The Applicant sought to overturn a decision that affirmed the rejection of his DSP claim. The core of the dispute concerned whether the Applicant met the legislative criteria for a DSP at the time of his original application.

The legal issues before the AAT were whether the Applicant's medical condition was fully diagnosed, treated, and stabilised during the relevant period, and whether his impairment amounted to 20 points or more under the Impairment Tables as required by the Social Security Act 1999. The Tribunal was required to assess these criteria as they stood on 14 August 2015, the date of the Applicant's original claim.

The Tribunal reasoned that to qualify for a DSP, a person must have a physical, intellectual, or psychiatric impairment that scores 20 points or more under the Impairment Tables and demonstrate a continuing inability to work. Crucially, the Tribunal found that the Applicant had not provided sufficient evidence to establish that his condition was fully diagnosed, treated, and stabilised during the relevant period, nor had he met the 20-point threshold under the Impairment Tables. Consequently, it was unnecessary for the Tribunal to consider the further requirement of a continuing inability to work. The Tribunal also noted the absence of evidence that the Applicant had participated in a program of support for 18 months in the 36 months prior to his DSP application, a requirement under section 94(2)(aa) of the Act.

The decision under review was affirmed.