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

This matter concerned an appeal by Mr. Nguyen against a decision by the Secretary of the Department of Social Services regarding his eligibility for a disability support pension. The core of the dispute revolved around whether Mr. Nguyen met the medical criteria for the pension, specifically whether his multiple impairments rated at 20 points or more under the relevant Impairment Tables and whether he had a continuing inability to work. The appeal was heard by Ms. N Isenberg, Senior Member.

The primary legal issue before the Tribunal was to determine if Mr. Nguyen satisfied the medical criteria for a disability support pension at the time his pension was cancelled. This required an assessment of his multiple impairments against the Impairment Tables and an evaluation of his continuing inability to work.

The Senior Member found that while there was some ambiguity regarding Mr. Nguyen's caregiving responsibilities for his ex-wife and potential overpayments from Centrelink, these matters were not central to the determination of his eligibility for the disability support pension. Crucially, the Senior Member noted a lack of evidence that might assist in assessing Mr. Nguyen's ability to work. Based on the available information, the Senior Member was satisfied that Mr. Nguyen met the medical criteria stipulated in section 94(1) of the Social Security Act 1991 at the date of cancellation. Consequently, the decision under review was set aside, and a substituted decision was made that Mr. Nguyen was qualified for the disability support pension at that date.