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

This matter concerned an application for review of a decision by the Secretary, Department of Social Services, to affirm a decision that the applicant was not qualified for a Disability Support Pension. The applicant sought to have the decision set aside.

The primary legal issues before the Tribunal were whether the applicant met the requirements for a Disability Support Pension, specifically concerning the assessment of work-related impairment under the relevant Impairment Tables, and the temporal scope for considering the applicant's qualification for the payment.

The Tribunal's reasoning centred on the interpretation of Schedule 2, clause 4 of the *Social Security (Administration) Act 1999* (Cth). This provision establishes a 13-week qualification period following the date of a claim, during which the applicant must become qualified for the payment. Evidence is restricted to this period, and any subsequent changes in a person's condition are generally irrelevant unless they cast light on the applicant's position during that specific 13-week window. The Tribunal noted that if a medical condition has progressed since the original application, a new application is typically required. In this instance, the Tribunal restricted its examination to the period from 28 November 2016 to 27 February 2017. While the Tribunal found the applicant had a permanent physical impairment with 20 impairment points, it concluded that the applicant had not demonstrated a continued inability to work within the relevant period.

Consequently, the Tribunal affirmed the reviewable decision.