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

This matter concerned an appeal by an applicant against a decision of the Secretary of the Department of Social Services affirming a determination that the applicant was not entitled to a Disability Support Pension. The Administrative Appeals Tribunal was required to consider whether the applicant's medical conditions were fully diagnosed, treated, and stabilised during the relevant period, and whether these conditions warranted an impairment rating of 20 points or more under the Impairment Tables.

The Tribunal was asked to determine if the applicant had a severe impairment of 20 points or more under a single Impairment Table, or if not, whether the applicant had completed a Program of Support (POS). Additionally, the Tribunal needed to assess whether the applicant had a continuing inability to work. The applicant's physical conditions were accepted as attracting 25 impairment points, and her mental health condition was assessed as attracting 10 impairment points, bringing the total to 30 points.

The Tribunal found that while the applicant's impairments attracted a total of 30 points, she did not have a "severe" impairment. Furthermore, the Tribunal determined that the applicant had not actively participated in a POS, nor did the exceptions under section 7 of the Active Participation Guidelines apply. Consequently, the Tribunal concluded that it was not necessary to consider the applicant's capacity to work or undertake training.

As the applicant had not met all the requirements under section 94 of the Social Security Act 1991, specifically regarding severe impairment or active participation in a POS, the decision under review was affirmed. The applicant was therefore not entitled to receive the Disability Support Pension at the time of her claim or during the relevant period.