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

This matter concerned an appeal by Ms Mitting against decisions of the Department of Social Services to cancel her Disability Support Pension (DSP). The appeal was heard by a Member of the Administrative Appeals Tribunal (AAT). The central dispute revolved around whether Ms Mitting's various medical conditions met the criteria for receiving a DSP, specifically whether her impairments resulted in a 20-point impairment rating under the relevant legislative framework.

The primary legal issue before the Tribunal was to determine if Ms Mitting's diagnosed conditions, including seronegative rheumatoid arthritis, a spinal condition, photosensitivity, and depression, were fully diagnosed, treated, and stabilised, and crucially, whether these impairments collectively attracted an impairment rating of 20 points or more. The Tribunal was required to assess the functional impact of these conditions against the criteria set out in the relevant legislative determination.

The Tribunal found that Ms Mitting did suffer from several impairments, including seronegative rheumatoid arthritis, a spinal condition, and photosensitivity, satisfying the initial threshold for a potential DSP. However, upon assessing the functional impact of her photosensitivity, the Tribunal determined it attracted only 5 impairment points under Table 14 of the relevant Determination, based on evidence indicating minor difficulties and the need for higher than normal precautions against sunlight exposure. Further, the Tribunal noted that even if other conditions were considered, assessments indicated a work capacity of at least 15 hours per week with intervention, suggesting that the 20-point threshold would not be met.

Consequently, the Tribunal concluded that Ms Mitting did not qualify for a DSP as her conditions could only be assigned a cumulative total of 15 impairment points at the date of cancellation. The Tribunal affirmed the previous decisions of the AAT and the Department to cancel Ms Mitting's DSP.