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

This matter concerned an appeal by Mrs Pavlovic against a decision of the Secretary of the Department of Social Services affirming a rejection of her claim for a disability support pension. The appeal was heard by Chris Puplick AM, Senior Member, of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether Mrs Pavlovic met the eligibility criteria for a disability support pension, specifically whether her impairments attracted a rating of 20 points or more under the relevant Impairment Tables, as required by section 94 of the Social Security Act 1991 (Cth). This involved assessing whether her conditions, including rheumatoid arthritis and mental health issues, were fully diagnosed, treated, and stabilised, and if so, the severity of the resulting impairments.

The Tribunal found that Mrs Pavlovic had impairments for the purposes of section 94 of the Act. However, upon assessing her conditions against the Impairment Tables, the Tribunal determined that her rheumatoid arthritis attracted nil points and her mental health condition attracted five points. As this total of five points was below the legislative threshold of 20 points, Mrs Pavlovic was found not to have qualified for the disability support pension at the relevant time. The Tribunal affirmed the reviewable decision.