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

In *Pham and Secretary, Department of Social Services (Social services second review)*, the Administrative Appeals Tribunal considered an application for a disability support pension (DSP). The applicant, Mr. Pham, sought to overturn the Secretary's decision to refuse his claim for the pension.

The Tribunal was required to determine whether Mr. Pham met the eligibility criteria for a DSP. Specifically, the issues were whether his medical conditions were fully diagnosed, treated, and stabilised within the qualification period, whether these conditions attracted an impairment rating of at least 20 points under the Impairment Tables, and whether he had a continuing inability to work.

The Tribunal found that the applicant's mental health condition warranted a five-point impairment rating. As this did not meet the threshold of 20 points, the applicant did not qualify for the DSP on that basis. Furthermore, the Tribunal was not satisfied that the applicant had a continuing inability to work in the qualification period. This required, among other things, active participation in a program of support for at least 18 months in the three years preceding the claim, and that his impairments alone prevented him from working within the next two years. The Tribunal noted that the applicant had participated in a program of support for zero days in the relevant period and that none of the exceptions to the 18-month participation requirement applied. Consequently, the Tribunal affirmed the decision under review.