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

The Administrative Appeals Tribunal (AAT) considered an appeal by an applicant concerning a decision to affirm the rejection of their claim for a disability support pension (DSP). The dispute centred on whether the applicant's impairments met the qualification criteria for the DSP, specifically regarding diagnosis, treatment, stabilisation, and the severity of the impairments as assessed against the Impairment Tables.

The legal issues before the Tribunal were whether the applicant's impairments were fully diagnosed, treated, and stabilised within the relevant qualification period, whether these impairments attracted a score of 20 points or more under the Impairment Tables, and whether the applicant had a continuing inability to work. The Tribunal was required to determine the applicant's eligibility for the DSP based on these criteria.

The Tribunal's reasoning focused on the interpretation of the qualification period for a DSP claim, as defined by section 41 and Schedule 2 of the *Social Security (Administration) Act 1999* (Cth). This legislation establishes a 13-week period following the claim date within which the applicant must be qualified for the payment. The Tribunal affirmed that evidence must relate to the applicant's condition during this specific 13-week window. Crucially, the Tribunal found that there was insufficient evidence to establish that the applicant's condition was fully treated and stabilised within this qualification period. Consequently, the applicant's impairments could not be assessed against the Impairment Tables, meaning the applicant did not satisfy section 94(1)(b) of the Act and therefore did not meet the medical requirements for the DSP.

The Tribunal affirmed the reviewable decision, which was the decision of the AAT dated 19 February 2019.