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

This matter concerned an appeal by Ms Rees against the decision to cancel her Disability Support Pension (DSP). The dispute arose because Ms Rees did not meet the legislative requirement of having an impairment rating of 20 points or more under the Impairment Tables, as assessed on 14 June 2016, the date of cancellation. The appeal was heard by a Senior Member of the Administrative Appeals Tribunal (AAT), General Division.

The primary legal issue before the Tribunal was to determine whether Ms Rees' impairments attracted a total of 20 or more impairment points under the Impairment Tables as at 14 June 2016. This required assessing whether each of her conditions were, at that date, fully diagnosed, treated, and stabilised, in accordance with the rules for applying the Impairment Tables. The Tribunal also considered whether Ms Rees had a continuing inability to work, which was not disputed.

The Tribunal's reasoning focused on the assessment of impairment points for Ms Rees' lower limb condition. It was accepted that this condition was fully diagnosed, treated, and stabilised, and therefore eligible for impairment points. Relying on reports from Ms Rees' doctor and her own statements to a Job Capacity Assessor and the Tribunal, the Senior Member found that her lower limb condition had a moderate functional impact, attracting 10 impairment points under Table 3 (Lower Limb Function). No points were assigned for her thyroid or mental health conditions as they were not considered fully treated or stabilised at the relevant time.

Consequently, Ms Rees failed to satisfy the requirement of having 20 or more impairment points under the Impairment Tables. The Tribunal concluded that she was not qualified for DSP as at the date of cancellation, and therefore the decision to cancel her pension was correct and affirmed.