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

This matter concerned an appeal by Mr Prestt against a decision affirming the Secretary of the Department of Social Services' refusal to grant him a disability support pension. The core of the dispute revolved around whether Mr Prestt's various physical and mental health conditions met the legislative criteria for the pension, specifically concerning their permanence and the resulting level of impairment. The case was heard by K. Parker M.

The legal issues before the Tribunal were whether Mr Prestt had any physical, intellectual, or psychiatric impairments during the qualification period, and if so, whether these conditions were permanent, meaning they were fully diagnosed, treated, stabilised, and likely to persist for more than two years. The Tribunal also had to determine if these impairments, individually or collectively, attracted an impairment rating of 20 points or more under the relevant Impairment Tables, and if he had satisfied program of support requirements if a severe impairment was found.

The Tribunal considered the evidence presented, including Mr Prestt's oral testimony regarding his daily living activities, self-care, social interactions, and ability to focus. It applied the principle that entitlement to the pension must be assessed as at the qualification period, with subsequent changes in health being relevant only insofar as they shed light on the position at that time. The Tribunal found that while Mr Prestt did have impairments affecting his ability to work, there was insufficient evidence to establish that certain spinal conditions were permanent and impacted his spinal function during the qualification period.

Ultimately, the Tribunal concluded that as at the qualification period, Mr Prestt had a permanent left leg below-knee amputation, assessed at 5 points under Table 3, and major depressive disorder, assessed at 5 points under Table 5. As his total impairment rating was 10 points, he did not meet the eligibility requirement of 20 points or more under the Impairment Tables. Consequently, the Tribunal affirmed the decision of the Administrative Appeals Tribunal, meaning Mr Prestt was not eligible for the disability support pension from the date of his claim.