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

This matter concerned an appeal by Mr. Rooney against the decision of the Department of Social Services to cancel his Disability Support Pension (DSP). The Applicant, born in 1967, had sustained significant injuries in a 2001 motorcycle accident, including to his left arm, right wrist, and lower limbs, and was also diagnosed with major depressive illness and Hepatitis C. He had previously been granted a DSP under the old scheme in 2009. Following a legislative change, he was reassessed in 2016, which led to the cancellation of his pension on the basis that he did not meet the qualification criteria. The Administrative Appeals Tribunal (AAT) was required to determine whether Mr. Rooney met the criteria for a DSP as at the date of cancellation, 15 June 2016.

The central legal issues before the Tribunal were whether Mr. Rooney's impairments attracted 20 points or more on the relevant Impairment Tables, and whether his conditions were fully diagnosed, fully treated, and fully stabilised as required by the legislation. Specifically, the Tribunal had to consider his physical impairments relating to his upper and lower limbs, his mental health conditions, and Hepatitis C. The Respondent argued that the Applicant's conditions were not fully treated and stabilised, and that there was insufficient evidence of a continuing inability to work.

The Tribunal considered the evidence, including medical reports and departmental assessments, in light of section 94 of the Social Security Act 1991. While the Respondent conceded that Mr. Rooney had physical, intellectual, or psychiatric impairments, the critical question was whether these impairments met the threshold of 20 points and were fully treated and stabilised. The Tribunal noted that at the time of cancellation, Mr. Rooney was undergoing intensive treatment for Hepatitis C, which had since shown significant improvement, and his depression was considered well-managed. However, the Tribunal found that the conditions were not fully treated and stabilised as at 15 June 2016.

The decision under review was affirmed. The Tribunal noted that Mr. Rooney's circumstances appeared to have changed and potentially worsened since June 2016, and he was entitled to submit a new application for DSP, which should be supported by updated medical reports addressing the Impairment Tables.