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

The Administrative Appeals Tribunal considered the case of Naumovski and the Secretary, Department of Social Services. The applicant sought a review of the decision to refuse her application for a Disability Support Pension (DSP). The applicant had a history of work and had cared for her late husband, receiving Carer Payment during that period.

The Tribunal was required to determine whether the applicant met the qualifying requirements for a DSP under section 94(1) of the *Social Security Act 1991* (Cth). Specifically, this involved assessing whether the applicant had a physical, intellectual, or psychiatric impairment that rated 20 points or more under the Impairment Tables, and whether she had a continuing inability to work. The latter required consideration of whether her impairments prevented her from working 15 hours or more per week and whether she had actively participated in a Program of Support, unless her impairment was severe.

The Tribunal reasoned that only medical conditions that are permanent, fully diagnosed, treated, stabilised, and likely to persist for at least two years can be allocated points under the Impairment Tables. The applicant did not satisfy the requirements of section 94(1)(b) and 94(1)(c) of the Act during the relevant period.

Consequently, the Tribunal affirmed the decision under review, meaning the refusal of the Disability Support Pension was upheld.