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

The Administrative Appeals Tribunal (AAT) considered the matter of Rockingham and the Secretary, Department of Social Services, concerning an application for a disability support pension (DSP). The applicant sought to establish eligibility for the DSP by demonstrating that they had a certain level of impairment under the relevant tables during the period in question. The Secretary had affirmed a decision that the applicant did not meet the criteria for the DSP.

The primary legal issue before the Tribunal was whether the applicant had a physical, intellectual, or psychiatric impairment that attracted 20 or more points under the Impairment Tables during the relevant period. This required the Tribunal to assess the applicant's conditions against the specific criteria set out in the Impairment Tables for the purposes of determining eligibility for a DSP.

The Tribunal's reasoning focused on a detailed assessment of the evidence presented regarding the applicant's impairments. It applied the principles established in social security legislation and relevant case law concerning the interpretation and application of the Impairment Tables. The Tribunal found that the evidence did not support a finding that the applicant's impairments reached the threshold of 20 points or more as required by the legislation. Consequently, the Tribunal affirmed the decision under review.