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

This matter concerned an appeal by Ms Naylor against the Secretary of the Department of Social Services' decision to cancel her Disability Support Pension (DSP). The central dispute was whether Ms Naylor qualified for the DSP on 12 September 2018, the date her pension was cancelled. The decision was made by Dr I Alexander, Senior Member, of the Tribunal.

The legal issues before the Tribunal were whether Ms Naylor satisfied subsection 94(1) of the relevant Act on 12 September 2018, and specifically, whether her physical and psychiatric impairments, including hepatitis C, diabetes, arthritis, and anxiety and depression, resulted in a functional impairment rating of 20 or more points under the Impairment Tables. The Tribunal was required to consider the circumstances as they existed on the date of cancellation.

The Tribunal's reasoning focused on assessing each of Ms Naylor's conditions against the requirements of the Impairment Tables, which stipulate that self-reporting of symptoms alone is insufficient and corroborating evidence of impairment is necessary. For hepatitis C, the Tribunal found it was fully treated and stabilised with minimal impact on daily functioning, thus attracting zero points. Regarding diabetes, insufficient evidence was presented to assess functional impact, precluding a rating. For arthritis, while acknowledged as permanent, the recorded limitations in sitting, standing, and walking, along with difficulties with stairs, were assessed as not meeting the threshold for a significant functional impairment under the tables.

Ultimately, the Tribunal was satisfied that on 12 September 2018, Ms Naylor did not have an impairment rating of 20 points or more. Consequently, she did not satisfy paragraph 94(1)(b) of the Act and was not qualified for the DSP. The decision under review, to cancel the pension, was affirmed.