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

This matter concerned an application for a Disability Support Pension (DSP) by Mr Peters, who had suffered a stroke in January 2018. The Secretary, Department of Social Services, had affirmed a decision that Mr Peters was not qualified for the DSP. The Administrative Appeals Tribunal was required to consider whether Mr Peters suffered from a physical, intellectual, or psychiatric impairment, whether this impairment attracted a rating of 20 points or more under the Impairment Tables, and whether he had a continuing inability to work.

The legal issues before the Tribunal included determining whether Mr Peters' medical conditions, specifically the effects of his stroke and resulting diplopia, were fully diagnosed, treated, and stabilised, and whether they attracted the requisite impairment rating. Crucially, the Tribunal had to consider the impact of Mr Peters not having undertaken a program of support, as this was a common ground for rejection by the Department. The Tribunal also needed to assess if Mr Peters had a continuing inability to work.

The Tribunal found that Mr Peters did suffer from impairments due to his stroke, which were present during the relevant period. It was satisfied that his impairments attracted 20 impairment points under the Impairment Tables, noting that his specialist had informed him the condition was permanent with no prospect of improvement. The Tribunal also found that Mr Peters satisfied the requirement of a continuing inability to work. Consequently, the Tribunal determined that Mr Peters was not required to undertake a program of support due to the severity of his impairment. The Tribunal set aside the decision under review and remitted the matter for reconsideration, directing that Mr Peters satisfied all the necessary legislative requirements for the DSP.