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

Case

[2016] AATA 520

22 July 2016


Details
AGLC Case Decision Date
Reinke and Secretary, Department of Social Services (Social services second review) [2016] AATA 520 [2016] AATA 520 22 July 2016

CaseChat Overview and Summary

This matter concerned an appeal by Reinke against a decision of the Secretary of the Department of Social Services (DSS) affirming a determination that Reinke was not entitled to a Disability Support Pension (DSP). The appeal was heard by D K Grigg M.

The central legal issue before the Court was whether Reinke had attained a level of impairment of 20 points or more under the relevant impairment tables during the period in question, as required for eligibility for a DSP.

The Court affirmed the decision under review. The reasoning applied was that Reinke had not met the threshold of 20 impairment points as assessed under the relevant tables. Consequently, Reinke was not found to have a severe functional impairment for the purposes of the Social Security Act 1991 (Cth).
Details

Areas of Law

  • Administrative Law

  • Statutory Interpretation

Legal Concepts

  • Appeal

  • Judicial Review

  • Procedural Fairness

  • Statutory Construction