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

This matter concerned an application for review of a decision by the Secretary of the Department of Social Services to affirm a decision that the Applicant was not qualified for a Disability Support Pension (DSP). The Administrative Appeals Tribunal (AAT) was required to determine whether the Applicant met the eligibility criteria for a DSP under section 94(1) of the *Social Security Act 1991* (Cth) during the qualification period.

The legal issues before the Tribunal were whether the Applicant suffered from a physical, intellectual, or psychiatric impairment or impairments; if so, whether these impairments were fully diagnosed, treated, and stabilised, and attracted a rating of 20 points or more under the relevant Impairment Tables; and whether the Applicant had a continuing inability to work. The Tribunal considered documentary evidence, including medical reports, and oral evidence from the Applicant.

The Tribunal applied section 94(1) of the *Social Security Act 1991* (Cth), which requires a person to have a physical, intellectual, or psychiatric impairment that attracts a rating of 20 points or more under the Impairment Tables and a continuing inability to work. The Tribunal found that the Applicant did not meet the eligibility requirements for a DSP.

The Tribunal affirmed the reviewable decision. The Tribunal also made a recommendation for the Department to investigate the adequacy of its communication regarding the requirement for a program of support to applicants.