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

This matter concerned an application by Shukriyah Oudah for a review of a decision by the Administrative Appeals Tribunal (AAT) which affirmed the Secretary of the Department of Social Services' rejection of Ms Oudah's claim for a Disability Support Pension (DSP). Ms Oudah, who migrated to Australia in 2016, lodged her claim in December 2017. The claim was initially rejected because she was assessed as not having an impairment rating of 20 points or more, a requirement for DSP eligibility. This decision was subsequently affirmed by an Authorised Review Officer and then by the AAT. Ms Oudah sought further review by the General Division of the Tribunal.

The central legal issue before the Tribunal was whether Ms Oudah qualified for a DSP based on her claim made in December 2017. To be eligible for DSP, a person must have a physical, intellectual, or psychiatric impairment, or impairments, that are rated at 20 points or more in accordance with the Impairment Tables, and demonstrate a continuing inability to work at least 15 hours per week. The Tribunal was required to consider the evidence in relation to the 13-week period following Ms Oudah's application, from 14 December 2017 to 14 March 2018.

The Tribunal found that Ms Oudah's impairments did not meet the threshold of 20 points or more on the Impairment Tables. Consequently, she failed to satisfy paragraph 94(1)(b) of the Social Security Act 1991 (Cth), which is a mandatory criterion for DSP qualification. Due to this failure, the Tribunal determined it was unnecessary to consider whether Ms Oudah also had a continuing inability to work during the relevant period. The Tribunal noted that Ms Oudah's representative, her daughter, prevented Ms Oudah from giving oral evidence, which would have assisted the Tribunal in assessing the merits of her application. The decision under review was therefore affirmed.