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

This matter concerned a second review by the Administrative Appeals Tribunal (AAT) of a decision to reject the applicant's claim for a Disability Support Pension (DSP). The primary decision to reject the claim was made on 14 December 2021, on the basis that the applicant did not have an impairment rating of 20 points or more. This decision was affirmed by an Authorised Review Officer on 4 April 2022, and subsequently by the AAT's Social Services & Child Support Division on 2 September 2022. The applicant sought a further review of the AAT's decision.

The central legal issue before the Tribunal was whether the applicant's conditions were fully diagnosed, treated, and stabilised during the relevant qualification period, and whether these conditions attracted an impairment rating of at least 20 points as required by section 94(1) of the *Social Security Act 1991* (Cth). This section outlines the criteria for qualifying for a DSP, including having a physical, intellectual, or psychiatric impairment assessed under the Impairment Tables, and demonstrating a continuing inability to work or participation in a supported wage system.

The Tribunal affirmed the previous decisions, finding that the applicant's conditions did not meet the threshold for a DSP qualification. The reasoning focused on the assessment of the applicant's impairments against the Impairment Tables, and the requirement that these conditions be fully diagnosed, treated, and stabilised. The Tribunal applied the provisions of section 94(1) of the *Social Security Act 1991* (Cth) in its determination.