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

This matter concerned an application for review of a decision by the Secretary, Department of Social Services, regarding Mr Gregory Scharf's eligibility for a disability support pension. The dispute centred on whether Mr Scharf's medical conditions met the criteria for a disability support pension, specifically concerning the diagnosis, treatment, and stabilisation of his impairments during a relevant qualification period. The Administrative Appeals Tribunal (AAT) heard the application in Brisbane.

The primary legal issues before the Tribunal were whether Mr Scharf's various medical conditions, including HIV, Hepatitis C, a psychological condition, and a skin condition, were fully diagnosed, fully treated, and fully stabilised during the relevant qualification period. The Tribunal was also required to determine if these impairments resulted in a functional impairment of 20 points or more under the Impairment Tables, as stipulated by the Social Security Act 1991. The Tribunal noted that only evidence referable to the applicant's condition during the qualification period could be considered.

The Tribunal found that Mr Scharf's HIV condition was fully diagnosed, treated, and stabilised during the qualification period, based on evidence from his treating physicians, a finding accepted by the Respondent. However, the Tribunal's reasoning indicated that the focus would be on whether the impairments met the threshold for a disability support pension. The Tribunal ultimately affirmed the decision under review, implying that the applicant did not meet the necessary criteria for the pension.