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

This matter concerned a review of a decision by the Administrative Appeals Tribunal (AAT) concerning a Disability Support Pension (DSP). The applicant, Ms. Ramirez, sought to challenge the AAT's affirmation of the Secretary of the Department of Social Services' decision to cancel her DSP. The core of the dispute revolved around whether Ms. Ramirez met the necessary impairment rating requirements for the DSP at the time of the cancellation.

The legal issues before the court were whether the AAT had correctly applied the principles established in previous case law regarding the scope of its review when considering a decision to cancel a pension. Specifically, the court had to determine the relevant period for assessing the applicant's condition and whether evidence generated after that period could be considered. The court also considered the applicability of international agreements concerning social security payments.

The court applied established precedents, including *Re Joan Elizabeth Freeman v Secretary, Department of Social Security* and *Shi v Migration Agents Registration Authority*, which dictate that when reviewing a cancellation decision, the tribunal is confined to assessing the applicant's condition and work capacity as they were at the date of the cancellation. Medical evidence generated after this qualification period must be relevant to that specific period. The court found that the applicant's total impairment rating was 15 points across two Impairment Tables as at the date of cancellation, which did not satisfy the statutory requirement of s 94(1)(b) of the Act. Consequently, the applicant did not qualify for the DSP on that date, nor was she eligible for unlimited portability.

The Reviewable Decision of the AAT dated 13 June 2019 was affirmed.