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

This matter concerned an appeal by the Applicant, Mr. Pillai, against a decision by the Secretary, Department of Social Services, to refuse him a Disability Support Pension. The dispute centred on whether the Applicant met the residency and disability requirements for the pension. The case was heard by Chris Puplick AM, Senior Member, of the Administrative Appeals Tribunal.

The primary legal issues before the Tribunal were whether the Applicant satisfied the requirements of section 94 of the *Social Security Act 1991* (Cth), specifically concerning his impairment rating and continuing inability to work, and whether he met the residency requirements stipulated by the Act and an international agreement. The Tribunal was required to determine if the Applicant was "severely disabled" for the purposes of the pension.

The Tribunal found that the Applicant met the requirements of section 94(1)(a) and (d) of the *Social Security Act 1991* (Cth) as he was over 16 and had an impairment. Crucially, the Tribunal disagreed with previous determinations and accepted evidence that the Applicant should be assigned at least 20 points under Table 9: Intellectual Function, thus satisfying section 94(1)(b). Furthermore, evidence from neurologists and the Applicant's mother, supported by a Job Capacity Assessment report, established his continuing inability to work and incapacity for independent living, satisfying section 94(1)(c). The Tribunal also noted that the Applicant qualified as a resident under the relevant international agreement.

Consequently, the Tribunal set aside the previous decision of the Social Services and Child Support Division and determined that the Applicant was eligible for the Disability Support Pension from the date of his claim.