Nutt 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) against the Secretary, Department of Social Services. The Applicant sought to overturn a decision that he did not qualify for the DSP.

The primary legal issue before the Tribunal was whether the Applicant had conditions that were fully diagnosed, treated, and stabilised during the relevant period, and whether these conditions resulted in a minimum of 20 impairment points as assessed under the Impairment Tables. Specifically, the Tribunal needed to determine if the Applicant's lower limb and upper limb conditions, including a crush injury, met the threshold for the DSP.

The Tribunal found that the Applicant did not attain 20 impairment points under the Impairment Tables for the relevant period. Consequently, it was not necessary for the Tribunal to consider whether the Applicant satisfied the remaining criteria for the DSP. The Tribunal affirmed the decision under review, concluding that the Applicant did not qualify for the DSP.