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

This matter concerned an application for review of a decision by the Secretary, Department of Social Services, to reject a claim for a disability support pension (DSP). The applicant, Ms Pickering, a New Zealand citizen, sought to qualify for the DSP based on a chronic back condition and a psychiatric condition. The dispute centred on whether Ms Pickering met the eligibility criteria for the DSP, particularly in light of the social security agreement between Australia and New Zealand.

The legal issues before the Tribunal were whether Ms Pickering had a physical, intellectual, or psychiatric impairment that attracted a rating of at least 20 points under the Impairment Tables, whether she met the criteria for being "severely disabled" under the New Zealand Agreement, and whether she had a "continuing inability to work." A key point of contention was the interpretation of the New Zealand Agreement and its interaction with the *Social Security Act 1991* (Cth), specifically whether Article 2(2) of the Agreement provided an alternative qualification pathway for DSP, overriding certain requirements of the Act.

The Tribunal considered the evidence regarding Ms Pickering's spinal condition, which arose from multiple motor vehicle accidents and subsequent injuries. While acknowledging the applicant's significant pain and limitations, the Tribunal ultimately found that her spinal condition attracted only 10 impairment points under Table 4 of the Impairment Tables. Consequently, Ms Pickering did not satisfy the requirement of having an impairment rating of 20 points or more under section 94(1)(b) of the *Social Security Act 1991*. As this criterion was not met, the Tribunal did not need to determine the other issues, including her continuing inability to work or the application of the New Zealand Agreement.

The Tribunal affirmed the decision of the Administrative Appeals Tribunal, concluding that Ms Pickering did not qualify for a disability support pension.