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

This matter concerned an appeal by Mrs Ponchard against a decision of the Secretary of the Department of Social Services affirming a decision that she did not qualify for a disability support pension. The dispute centred on whether Mrs Ponchard's various impairments, including a spinal condition, mental health condition, carpal tunnel syndrome, and skin conditions and allergies, met the criteria for the pension under the relevant legislation. The case was heard by Professor R McCallum AO, Member.

The primary legal issues before the Tribunal were whether Mrs Ponchard's impairments were fully diagnosed, treated, and stabilised during the claim period, and if so, whether these impairments attracted 20 points or more under the Impairment Tables. If an impairment was assessed at 20 points or more, the Tribunal would then consider the secondary issue of whether Mrs Ponchard had a continuing inability to work.

The Member found that Mrs Ponchard's spinal condition was fully diagnosed, treated, and stabilised during the claim period. However, after examining the descriptors for Table 4 of the Impairment Tables concerning spinal function, the Member concluded that Mrs Ponchard's condition did not meet the threshold for a severe functional impact, which would have warranted 20 points. Crucially, the Member noted that without an impairment assessed as severe, Mrs Ponchard could not qualify for the disability support pension unless she was enrolled in a program of support, which she was not.

Consequently, the decision under review was affirmed. The Member advised Mrs Ponchard that for future claims, she should enrol in a program of support.