Re Karaman and Secretary, Department of Social Services

This matter concerned an appeal by the applicant, Mrs Karaman, against a decision by the Secretary, Department of Social Services, to affirm a decision that she did not qualify for a Disability Support Pension (DSP). The applicant claimed DSP based on multiple impairments, including bilateral upper limb chronic conditions, bipolar affective disorder, and spine derangements. The core of the dispute revolved around whether the applicant's conditions were "fully treated and stabilised" and whether she had actively participated in a program of support at the date of her claim.

The Tribunal was required to determine whether the applicant's spine condition was fully treated and stabilised, and if her refusal of recommended treatment precluded a finding that the condition was fully treated. Additionally, the Tribunal had to consider whether the applicant actively participated in a program of support at the date of her claim, as required by the relevant legislation. The Tribunal also had to assess the combined impairment rating of the applicant's conditions to ascertain if she met the threshold for a DSP.

The Tribunal noted that while the applicant's upper limb conditions were diagnosed, treated, and stabilised, the same could not be said for her spine condition. The Tribunal applied the criteria for reasonable treatment under subsection 6(7) of the Determination, which includes factors such as availability, cost, potential for substantial improvement, regularity of undertaking, success rate, and risk. The Tribunal found that the applicant had not met the "program of support" requirements, despite having the requisite impairment rating. Consequently, the Tribunal affirmed the decision under review.