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

This matter concerned an appeal by Mr Mitchel against a decision by the Secretary, Department of Social Services, affirming a decision to deny him a disability support pension (DSP). The Administrative Appeals Tribunal (AAT) was required to determine whether Mr Mitchel's medical conditions met the criteria for a DSP.

The primary legal issues before the Tribunal were whether Mr Mitchel's impairments attracted sufficient points under the Impairment Tables to qualify for a DSP, and if not, whether he met the program of support requirements. Specifically, the Tribunal had to assess if his chronic headaches and migraines, and any associated balance impairment, resulted in a severe impairment as defined by the relevant tables. Furthermore, the Tribunal needed to consider if Mr Mitchel had actively participated in, completed, or had a program of support terminated due to his impairment, or if continuing participation would be futile, as required by subsection 94(1)(c) of the Social Security Act.

The Tribunal found that while Mr Mitchel's impairments potentially attracted a total of 20 points under various Impairment Tables, no single table provided the required 20 points for qualification. Crucially, the Tribunal determined that Mr Mitchel did not meet the program of support requirements. The evidence indicated he had only brief engagement in a program of support between January and March 2012, and was not participating in any such program at the time of his DSP claim in December 2014, nor had he met the other specified criteria for program of support engagement.

Consequently, as Mr Mitchel failed to satisfy both the Impairment Tables and the program of support requirements, the Tribunal affirmed the decision under review, denying his claim for a disability support pension. The Tribunal noted that future engagement in a program of support might allow him to qualify for DSP in a subsequent claim, and also briefly mentioned the potential impact of lump sum insurance payments on any future claims.