Pereira Dos Santos and Secretary, Department of Social Services (Social services second review)

This matter concerned an application for a Disability Support Pension (DSP) by Mr Pereira Dos Santos, with the Secretary of the Department of Social Services as the respondent. The Administrative Appeals Tribunal (AAT) was required to determine whether Mr Dos Santos qualified for the DSP based on his medical conditions during a specified "Qualification Period."

The primary legal issues before the Tribunal were whether Mr Dos Santos had an impairment prior to or during the Qualification Period, and if so, whether that impairment resulted in a disability rating of 20 points or more under the relevant Impairment Tables. The Tribunal also considered the requirement that any medical conditions must be fully diagnosed, fully treated, and fully stabilised to be assessed.

The Tribunal found that Mr Dos Santos suffered impairments prior to and during the Qualification Period, specifically post-polio syndrome, ischaemic heart disease, and a mental health condition. However, it noted that further medical evidence tendered by Mr Dos Santos post-dated the Qualification Period and therefore could not be considered for this application. The Tribunal also found that for certain other conditions, such as chronic sinusitis, hypertension, and hypercholesterolaemia, there was insufficient corroborative medical evidence to confirm their diagnosis, permanence, optimal treatment, stability, or prognosis. Consequently, these conditions could not be assessed. As the Tribunal did not find that Mr Dos Santos met the Impairment Tables requirements, it did not need to consider section 94(1)(c) of the Act.

The Tribunal affirmed the decision of the Social Services and Child Support Division, dated 2 June 2020, meaning Mr Dos Santos's application for the DSP was not successful on this occasion.