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

The Administrative Appeals Tribunal considered the eligibility of the applicant for a Disability Support Pension (DSP) in a review of a decision by the Secretary of the Department of Social Services. The applicant sought to establish qualification for the DSP.

The Tribunal was required to determine whether the applicant's impairments were fully diagnosed, fully treated, and fully stabilised, and whether these impairments attracted 20 points or more on the relevant Impairment Tables. Crucially, the Tribunal also had to consider whether the applicant had participated in a program of support, as required by the legislation.

The Tribunal reasoned that section 94(1) of the relevant Act sets out conjunctive requirements for DSP qualification, meaning each part of the subsection must be satisfied. In this instance, the applicant did not meet all the necessary criteria within the relevant period, specifically regarding participation in a program of support. Consequently, the Tribunal found that the applicant was not qualified for the DSP.

The Tribunal affirmed the reviewable decision, meaning the original decision to deny the DSP was upheld.