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

This matter concerned an application for a second review of a decision regarding eligibility for a disability support pension (DSP). The applicant sought to challenge the decision of an Authorised Review Officer (ARO) and a prior Administrative Appeals Tribunal (AAT) decision, which had affirmed the ARO's finding that the applicant did not meet the criteria for a DSP. The Tribunal had jurisdiction to hear the second review application.

The central legal issues before the Tribunal were whether the applicant met the qualification criteria for a DSP under section 94(1) of the *Social Security Act 1991* (Cth). Specifically, the Tribunal was required to determine if the applicant had a physical, intellectual, or psychiatric impairment, if such impairment(s) were fully diagnosed, treated, and stabilised and attracted an impairment rating of at least 20 points under the relevant Impairment Tables, and if the applicant had a continuing inability to work.

The Tribunal considered the conjunctive nature of the DSP qualification requirements, meaning all criteria must be satisfied. While a previous AAT decision found the applicant did have an impairment rating of 20 points, it was determined that the applicant did not demonstrate a "continuing inability to work." The Tribunal also noted that previous assessments had found some of the applicant's conditions, such as depression, chronic foot pain, back pain, and bilateral shoulder pain, were not considered fully diagnosed, treated, and stabilised. The applicant had not participated in a program of support. The Tribunal affirmed the Reviewable Decision.