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

This matter concerned an appeal by Mr Robinson against a decision of the Secretary, Department of Social Services, regarding his eligibility for a Disability Support Pension (DSP). The Administrative Appeals Tribunal (AAT), presided over by N Manetta SM, was tasked with hearing the matter afresh and determining whether Mr Robinson qualified for the DSP at the time of his application in July 2016, or within the preceding 13 weeks. Mr Robinson represented himself, while Ms Odgers appeared for the respondent.

The primary legal issue before the Tribunal was to assess Mr Robinson's qualification for the DSP, considering his nominated conditions that he contended impaired his ability to function normally and work. Central to his claim was multiple chemical sensitivity syndrome, which he identified as the principal cause of his impairments. The Tribunal also had to consider other reported conditions, including a knee, ankle, and back injury sustained in 2009, sleep apnoea, and anxiety, which led to him ceasing work and receiving WorkCover and superannuation disability payments.

The Tribunal accepted, for the purposes of the application, that multiple chemical sensitivity syndrome, also known as idiopathic environmental intolerance, is a recognisable medical condition. However, the Tribunal ultimately affirmed the decision under review, finding that Mr Robinson did not meet the criteria for the DSP. The Tribunal noted that Mr Robinson attributed his impairments primarily to multiple chemical sensitivity syndrome, which he described as progressively worsening over the preceding eight years. Despite accepting the condition as recognisable, the Tribunal's conclusion was that Mr Robinson was not qualified for the DSP.