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

This matter concerned an application for a Disability Support Pension (DSP) by Mr Rowe, who sought to challenge the decision of the Secretary, Department of Social Services, affirming an earlier decision that he did not qualify for the pension. The dispute centred on whether Mr Rowe's various medical conditions, including chronic fatigue syndrome, knee dysfunction, spinal and shoulder issues, and a mental health condition, met the criteria for a DSP. The case was heard by Ms Anna Burke AO, a Member of the Tribunal.

The legal issues before the Tribunal were whether Mr Rowe possessed a physical, intellectual, or psychiatric impairment; whether these conditions were fully diagnosed, treated, and stabilised, and likely to persist for at least two years; and crucially, whether these impairments attracted a rating of 20 points or more under the relevant Impairment Tables. Additionally, the Tribunal had to consider whether Mr Rowe had a continuing inability to work and whether he had undertaken, or was exempt from undertaking, a program of support.

The Tribunal found that Mr Rowe did have impairments that met the initial requirement under section 94(1)(a) of the Act. However, the central determination was whether these impairments attracted the requisite 20 points under the Impairment Tables, as stipulated by section 94(1)(b). Despite evidence from medical professionals detailing the chronic nature and impact of his conditions, the Tribunal concluded that Mr Rowe had not met the 20-point threshold at the time of his application. Furthermore, the Tribunal noted that even if the 20-point threshold had been met, Mr Rowe had not commenced a program of support, which was a necessary requirement for eligibility.

Consequently, the Tribunal affirmed the decision under review, finding that Mr Rowe did not satisfy all the requirements to be eligible for the DSP.