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

This matter concerned an appeal by Mrs McKeverne against a decision of the Secretary of the Department of Social Services regarding her claim for a disability support pension. The central dispute revolved around the date on which Mrs McKeverne was deemed to have made her claim and, consequently, whether she met the eligibility criteria for the pension within the relevant qualification period. The case was heard by K. Parker M.

The court was required to determine several key issues. Firstly, it needed to establish the correct date of claim for Mrs McKeverne, considering the provisions of section 13(1) of the Social Security (Administration) Act 1999. Secondly, the court had to ascertain whether Mrs McKeverne qualified for the disability support pension within the 13-week period following her claim date, as stipulated by sections 42 and Schedule 2, clause 4 of the Administration Act. This involved assessing whether, during this qualification period, Mrs McKeverne had any physical, intellectual, or psychiatric impairments that were permanent, likely to persist for more than two years, and attracted a rating of 20 points or more under the Impairment Tables, leading to a continuing inability to work. The court also needed to consider whether she satisfied program of support requirements if a severe impairment was not found.

The court applied the principle that a claim is taken to have been made on the date of first contact with Centrelink, provided the claim form is lodged within 14 days, as per section 13(1) of the Administration Act. In Mrs McKeverne's case, her initial contact and subsequent lodgement of the claim form satisfied this requirement, establishing her claim date as 7 August 2015. The court followed the established legal approach, as observed in *Harris v Secretary, Department of Employment and Workplace Relations* and approved in *Gallacher v Secretary, Department of Social Services*, that an applicant's entitlement must be considered as at the date of claim and for 13 weeks thereafter, with subsequent changes in health being irrelevant unless they shed light on the position at the relevant time. This approach was dictated by the terms of the legislation. It was accepted by both parties that Mrs McKeverne had an impairment to her lower limb function arising from a permanent condition, which was likely to persist for two years and attracted a rating under the Impairment Tables.