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

This matter concerned an appeal by Mr Mongta against a decision by the Secretary of the Department of Social Services regarding his qualification for a Disability Support Pension (DSP). The Administrative Appeals Tribunal was required to determine whether Mr Mongta met the criteria for a DSP, specifically concerning the severity of his impairments and his continuing inability to work.

The central legal issues before the Tribunal were whether Mr Mongta's physical and mental health conditions constituted a severe impairment under the Social Security Act 1991, attracting a rating of 20 points or more under the relevant Impairment Tables. This required consideration of whether his conditions were permanent, fully diagnosed, fully treated, and fully stabilised, as defined by the Impairment Tables. The Tribunal also needed to assess whether Mr Mongta had a continuing inability to work.

The Tribunal found that Mr Mongta's impairments, specifically his spinal and mental health conditions, attracted a total of 30 impairment points under the Impairment Tables, with 10 points attributed to spinal function and 20 points to mental health function. The Tribunal was satisfied that these impairments met the threshold for a severe impairment. Furthermore, the Tribunal concluded that Mr Mongta had a continuing inability to work, thereby satisfying all the requirements of section 94 of the Social Security Act 1991.

Consequently, the Tribunal set aside the decision under review and substituted a determination that Mr Mongta qualified for the Disability Support Pension as at the date of his claim.