NXHR; Secretary, Department of Social Services (Social services second review)

This matter concerned an appeal by NXHR against a decision by the Secretary, Department of Social Services, regarding her claim for a Disability Support Pension (DSP). The dispute centred on whether NXHR met the eligibility criteria for the DSP, specifically concerning the nature and severity of her impairments and their impact on her capacity to work. The case was heard by G Hallwood M.

The legal issues before the court were whether NXHR possessed an impairment as defined by the relevant legislation, whether her diagnosed conditions were fully treated and stabilised during the qualification period, and whether these conditions attracted an impairment rating of at least 20 points under the Impairment Tables. Crucially, the court also had to determine if NXHR had a continuing inability to work.

The court reasoned that the Tribunal's role was to assess NXHR's eligibility for the DSP afresh. Evidence, including medical reports dating from 2008 onwards, confirmed NXHR's long-term physical impairments, such as chronic pain in her lumbar and cervical spine and shoulders, and psychiatric impairments, including anxiety and depression. Medical certificates from her GP described these conditions as significantly impacting her work capacity. The Secretary did not dispute the existence of these impairments. The court found that NXHR satisfied the first criterion of having a physical, intellectual, and psychological impairment that could affect her ability to work. The decision under review was set aside and remitted to the Applicant for reconsideration, with directions that NXHR be assessed as satisfying the relevant legislative criteria from her date of claim, making her eligible for the DSP subject to all other requirements being met.