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

This matter concerned an appeal by the applicant, Mr Robinson, against a decision by the Secretary of the Department of Social Services to reject his claim for a Disability Support Pension. The Administrative Appeals Tribunal was required to determine whether Mr Robinson met the legislative requirements for the pension.

The primary legal issues before the Tribunal were whether Mr Robinson's medical conditions were fully diagnosed, treated, and stabilised during the relevant qualification period, whether these conditions attracted an impairment rating of at least 20 points, and whether he had a continuing inability to work. Crucially, the Tribunal also had to consider whether Mr Robinson had actively participated in a program of support as required by the relevant legislation.

The Tribunal found that while the applicant's conditions may have been diagnosed and treated, the critical factor was his failure to actively participate in a program of support. Despite the applicant's assertion of a lack of knowledge regarding this requirement, the Tribunal held that the legislation mandated such participation. Consequently, Mr Robinson did not satisfy the requirements of section 94(1)(c) of the Act. The Tribunal affirmed the decision under review.