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

Case

[2019] AATA 120

8 February 2019


Details
AGLC Case Decision Date
Nabasango and Secretary, Department of Social Services (Social services second review) [2019] AATA 120 [2019] AATA 120 8 February 2019

CaseChat Overview and Summary

This matter concerned an appeal by Ms Nabasango against a decision of the Secretary of the Department of Social Services to refuse her application for a Disability Support Pension. The appeal was heard by Senior Member N A Manetta of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether Ms Nabasango's medical conditions resulted in a level of impairment that qualified her for a Disability Support Pension under the relevant legislative framework, specifically the Impairment Tables. A secondary issue was whether her failure to participate in a program of support rendered her ineligible for the pension.

The Tribunal determined that Ms Nabasango's degree of impairment from her conditions did not reach the threshold of twenty points under any single Impairment Table. Furthermore, the Tribunal concluded that Ms Nabasango was ineligible for a Disability Support Pension due to her non-participation in a program of support. Consequently, the Tribunal affirmed the decision under review.
Details

Areas of Law

  • Administrative Law

  • Statutory Interpretation

Legal Concepts

  • Appeal

  • Judicial Review

  • Procedural Fairness

  • Statutory Construction