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

This matter concerned an application for review by Mr McInnes of a decision by the Social Security and Child Support Division (SSCSD) of the Tribunal, which affirmed a decision by an Authorised Review Officer of Centrelink. Mr McInnes had claimed Disability Support Pension (DSP) on 31 May 2021, but was assessed as ineligible by Centrelink on 30 June 2021, a decision upheld on internal review. The SSCSD subsequently affirmed the refusal, finding that while Mr McInnes suffered from several medical conditions, none were fully diagnosed, treated, or stabilised, and his hearing loss did not cause sufficient functional impairment to score any points. Consequently, Mr McInnes scored zero impairment points and was deemed ineligible for DSP.

The legal issues before the Tribunal were whether Mr McInnes met the qualification requirements for DSP, and the implications of the "setting aside" of a decision on prior factual findings. Specifically, the Tribunal considered whether the setting aside of a decision extended to eliminating the underlying facts used to formulate that decision, and whether a subsequent decision-maker could reconsider those same prior facts. The Tribunal was also required to determine the relevant assessment period for eligibility, which under the Social Security (Administration) Act 1999 included a qualification period of 13 weeks after the date of application.

The Tribunal reasoned that the assessment of eligibility for DSP must be based on medical evidence from within the qualification period, which for Mr McInnes ran from 31 May 2021 to 30 August 2021. It was held that if Mr McInnes' circumstances changed after this period, the appropriate course would be to lodge a fresh application rather than attempt to re-litigate the earlier claim. The Tribunal affirmed the SSCSD's decision, finding that the medical evidence presented did not demonstrate that Mr McInnes met the criteria for DSP eligibility within the relevant qualification period.