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

This matter concerned an application for further review by QGZY, who had been granted a disability support pension (DSP) in 1998. Following a request for indefinite portability of her DSP, a review was conducted which resulted in the cancellation of her pension. QGZY sought review of this cancellation, but the decision was affirmed. The present proceedings before the Tribunal concerned QGZY's application for a further review of the affirmed decision.

The primary legal issue before the Tribunal was whether QGZY qualified for DSP on 22 June 2015, the date her pension was cancelled. This required an assessment of whether she met the criteria under section 94(1) of the *Social Security Act 1991*, specifically whether she had a qualifying impairment rated at 20 points or more under the Impairment Tables and a continuing inability to work. A secondary issue concerned QGZY's eligibility for indefinite portability of her DSP, which had not been explicitly addressed in the formal notice of decision or considered by previous review processes.

The Tribunal found that QGZY did qualify for DSP on the cancellation day. The reasoning focused on the assessment of her impairments and her continuing inability to work, concluding that the requirements of section 94(1) were satisfied. The Tribunal set aside the previous decision that QGZY was not qualified for DSP and substituted a decision that she was qualified. The calculation of DSP payments and QGZY's eligibility for indefinite portability were remitted to the Secretary for further consideration.