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

This matter concerned an application for a Disability Support Pension (DSP) by Ms Megens, who was represented by herself, against the Secretary, Department of Social Services. The dispute centred on whether Ms Megens met the eligibility criteria for the DSP, specifically concerning the severity of her impairments and her compliance with a Program of Support. The decision was made by Miss E A Shanahan, a Member of the Tribunal.

The legal issues before the Tribunal were whether Ms Megens had a serious disability attracting at least 20 impairment points under a single impairment table, which would excuse her from the requirement to undergo a Program of Support, and consequently, whether she satisfied section 94(1)(c) of the relevant Act. The Tribunal was required to assess the total impairment rating attributable to Ms Megens' medical conditions, including a meningioma at the skull base causing loss of vision in her left eye and loss of hearing and balance in her left ear, and to determine if this rating met the threshold for a severe impairment.

The Tribunal reasoned that Ms Megens had a significant medical condition, a large infiltrating meningioma, which had necessitated extensive surgical intervention and resulted in residual impairments. While acknowledging the severity of her vision loss in the left eye and hearing loss in the left ear, the Tribunal determined that these impairments, when assessed under the relevant impairment tables, attracted a total of 20 points. Crucially, the Tribunal found that this 20-point rating did not constitute a "severe impairment" as defined by the Act, meaning Ms Megens was required to undertake a Program of Support. As she had not completed such a program during the relevant period, she did not satisfy the requirements of section 94(1)(c).

Consequently, the Tribunal affirmed the decision under review. While Ms Megens was allocated an impairment rating of 20 points, she was found not to satisfy the specific eligibility requirements for the DSP due to her non-completion of the mandatory Program of Support.