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

This matter concerned an application for a disability support pension (DSP) by the Applicant, who sought a review of a decision by the Secretary, Department of Social Services. The core dispute revolved around whether the Applicant met the eligibility requirements for a DSP, specifically concerning the severity and permanence of his impairments. The case was heard by the Administrative Appeals Tribunal (AAT).

The Tribunal was required to determine three key issues: first, whether the Applicant suffered from a physical, intellectual, or psychiatric impairment or impairments; second, if impairments were present, whether they were fully diagnosed, treated, and stabilised, and attracted a rating of 20 points or more under the relevant Impairment Tables; and third, whether the Applicant had a continuing inability to work. These criteria are stipulated in section 94(1) of the *Social Security Act 1991* (Cth).

The Tribunal considered evidence relating to the Applicant's spinal and mental health conditions. It found that while the Applicant's spinal condition was permanent, it attracted an impairment rating of only five points under Table 4 (Spinal Function) of the Impairment Tables. Furthermore, the Tribunal determined that the Applicant's mental health condition was not considered permanent as it had not been fully diagnosed, and therefore could not be assigned an impairment rating. Consequently, the Applicant did not meet the threshold of 20 impairment points required for a DSP. The Tribunal affirmed the previous decisions of the Authorised Review Officer and the AAT.