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

This matter concerned an appeal by an applicant against a decision of the Secretary, Department of Social Services, which affirmed a decision that the applicant did not qualify for a disability support pension. The applicant contended that he had a physical, intellectual, or psychiatric condition that was fully diagnosed, treated, and stabilised during the relevant period, attracting an impairment rating of 20 points or more under the Impairment Tables, and that he had a continuing inability to work.

The legal issues before the Tribunal were whether the applicant had a qualifying physical, intellectual, or psychiatric condition, whether that condition was fully diagnosed, treated, and stabilised, and if so, whether it warranted an impairment rating of 20 points or more under the Impairment Tables, and finally, whether the applicant had a continuing inability to work. The respondent accepted that the applicant suffered from a number of conditions, satisfying the first limb of the test. However, the respondent contended that the only condition that was fully diagnosed, treated, and stabilised was hypertension, which attracted a nil points rating under the relevant Impairment Table, thus failing to meet the 20-point threshold.

The Tribunal accepted that the applicant had an impairment for the purposes of the Act. However, regarding hypertension, the Tribunal noted that the applicant's local medical officer had indicated that his blood pressure was controlled with medication and that he should not have symptoms if he adhered to his prescribed regime. Consequently, the Tribunal found it difficult to identify any functional impact from this condition concerning physical exertion or stamina, concluding that the applicant could undertake exercise and complete physically active tasks. While the applicant described persistent nerve pain and headaches, he also stated he could live independently and attend to most daily requirements, albeit with difficulty.

Ultimately, the Tribunal determined that the applicant did not qualify for a disability support pension because his conditions could not be assigned any impairment points during the relevant period. Accordingly, the decision under review was affirmed.