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

This matter concerned an appeal by Ms Macri against a decision by the Secretary of the Department of Social Services to reject her claim for a Disability Support Pension. The Administrative Appeals Tribunal was required to determine whether Ms Macri met the eligibility criteria for the pension.

The primary legal issues before the Tribunal were whether Ms Macri's medical conditions were fully diagnosed, treated, and stabilised during the relevant qualification period, and crucially, whether these conditions attracted an impairment rating of at least 20 points as required by the Social Security Act 1991 (Cth).

The Tribunal affirmed the decision under review, finding that Ms Macri did not meet the threshold requirement of an impairment rating of 20 points or more. Consequently, it was unnecessary for the Tribunal to consider the further criterion of a continuing inability to work. The Tribunal noted, however, that Ms Macri's job services provider had given evidence indicating her low ability to obtain work due to health barriers, and that an exemption from program of support requirements was being considered.