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

This matter concerned an application for a Disability Support Pension (DSP) by the Applicant, whose eligibility was reviewed by the Administrative Appeals Tribunal (AAT) at the second instance. The core dispute revolved around whether the Applicant met the qualification criteria for a DSP under section 94(1) of the *Social Security Act 1991* (Cth) during the relevant qualification period. The Tribunal was required to determine if the Applicant suffered from physical, intellectual, or psychiatric impairments, if these impairments were fully diagnosed, treated, and stabilised, and attracted a rating of 20 points or more under the Impairment Tables, and if the Applicant had a continuing inability to work.

The Tribunal considered the evidence presented, including medical reports from treating practitioners and an email from a former employer, alongside the Applicant's own testimony and that of his mother. The legal framework for qualification for a DSP was examined, specifically section 94(1) of the Act, which mandates the presence of an impairment, a minimum impairment rating of 20 points under the Impairment Tables, and a continuing inability to work. The Impairment Tables themselves, determined by legislative instrument under section 26 of the Act, were central to assessing the severity and impact of the Applicant's conditions.

Ultimately, the Tribunal found that the Applicant did not meet the eligibility requirements for a DSP. This conclusion was based on the assessment of the available medical evidence, which did not establish that the Applicant's impairments were permanent or attracted the requisite 20-point threshold under the Impairment Tables. While the Tribunal noted that the Applicant's head injury and dyslexia conditions could not be assessed due to a lack of medical evidence, the other conditions presented did not meet the criteria. Consequently, the Tribunal affirmed the previous decisions and recommended that the Department assist the Applicant in making a new application for a DSP.