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

This matter concerned an appeal by Mr Primmer against a decision by the Secretary of the Department of Social Services regarding his eligibility for a disability support pension. The Administrative Appeals Tribunal was required to determine whether Mr Primmer met the criteria for the pension under section 94 of the *Social Security Act 1991* (Cth).

The primary legal issues before the Tribunal were whether Mr Primmer had a severe impairment rating of 20 points or more under the Impairment Tables, and whether he had a continuing inability to work as defined by the Act. The Tribunal also considered whether Mr Primmer had participated in a program of support in the three years prior to lodging his claim, and if his participation in the Commonwealth Rehabilitation Services ‘Return to Work’ program satisfied the requirements for active participation.

The Tribunal found that Mr Primmer’s depressive mental health condition, while diagnosed, treated, and stabilised, resulted in a ‘mild’ impairment rating of 5 points under Table 5 (Mental Health Function) of the Impairment Tables Determination. Regarding his spinal function, the medical evidence indicated mechanical low back pain due to spondylolysis, spondylolisthesis, and degenerative changes. However, Mr Primmer reported being able to drive for 40 to 60 minutes, having some difficulty moving his head, and some difficulty walking to local facilities. Based on this evidence, the Tribunal concluded that Mr Primmer did not meet the threshold of 20 impairment points.

Consequently, the Tribunal determined that Mr Primmer did not qualify for a disability support pension under the requirements of the Act. The decision under review was affirmed.