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

This matter concerned an application for a Disability Support Pension (DSP) by NTVP against the Secretary, Department of Social Services. The core dispute revolved around whether NTVP met the eligibility criteria for the DSP, specifically concerning the severity of his impairments and his continuing inability to work. The decision was made by Ms Anna Burke AO M.

The legal issues before the Tribunal were whether NTVP possessed a physical, intellectual, or psychiatric impairment; whether these conditions were fully diagnosed, treated, and stabilised and likely to persist for at least two years; whether his impairments attracted a rating of 20 points or more under the Impairment Tables; and whether he had a continuing inability to work. The Tribunal also considered whether NTVP had undertaken a program of support.

The Tribunal found that NTVP did have impairments, including diabetes, coronary artery disease, hypertension, depression and anxiety, and various other conditions. These impairments, when assessed against the Impairment Tables, attracted a rating of 20 points. However, the Tribunal determined that NTVP had not satisfied the requirement of having completed a program of support. Furthermore, it could not be determined if he had a continuing inability to work, which requires an inability to work for 15 hours or more per week and an inability to be retrained for such work in the next two years.

Consequently, the Tribunal affirmed the decision under review, meaning NTVP was not qualified to receive the DSP at the time of his application.