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

This matter concerned an appeal by Ms Nahoum against a decision of the Social Security Appeals Tribunal, which affirmed the Secretary of the Department of Social Services' decision to cancel her Disability Support Pension (DSP). The appeal was heard by a single judge.

The primary legal issue before the court was whether Ms Nahoum met the eligibility criteria for a DSP under the relevant legislation at the time her pension was cancelled. Specifically, the court needed to determine if she had been assigned the requisite number of impairment points.

The court reasoned that a mandatory requirement for DSP eligibility under the Act was the assignment of 20 or more impairment points. As the evidence indicated that Ms Nahoum had not been assigned this minimum number of points, she did not qualify for the DSP under section 94(1)(b) of the Act on the relevant date. Consequently, it was unnecessary for the Tribunal to consider the further criterion of a continuing inability to work under section 94(1)(c).

The court affirmed the decision under review, meaning Ms Nahoum's appeal was dismissed.