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

The applicant, Pignat, sought review of a decision by the Secretary of the Department of Social Services concerning eligibility for a disability support pension. The dispute centred on whether the applicant's impairments met the threshold for receiving the pension under the relevant legislation. The matter was heard by Deputy President Bernard McCabe of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicant's impairments were fully diagnosed, fully treated, and fully stabilised at the relevant time, and whether permanent impairments could be allocated 20 points or more under the applicable impairment tables. This determination was crucial for satisfying the criteria stipulated in section 94(1)(b) of the Social Services Act.

Deputy President McCabe reasoned that the applicant could not be allocated at least 20 points under the impairment tables, thereby failing to meet the criteria in section 94(1)(b) of the Act. Consequently, the Tribunal found it unnecessary to consider whether the applicant met the additional requirement of experiencing a continuing inability to work. The decision under review was therefore affirmed.