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

The Administrative Appeals Tribunal considered the case of Ms Sciarrotta and the Secretary, Department of Social Services, concerning Ms Sciarrotta's eligibility for a disability support pension (DSP). The dispute centred on whether Ms Sciarrotta's medical conditions met the criteria for a DSP, specifically whether her impairments were fully diagnosed, fully treated, and fully stabilised within the 13-week assessment period following her claim.

The legal issues before the Tribunal were whether Ms Sciarrotta's medical conditions attracted a minimum of 20 impairment points under the relevant Impairment Tables, and whether any single impairment table warranted a rating of 20 points or more. The Tribunal was required to assess the functional impact of Ms Sciarrotta's conditions, including her back condition, sciatica, and hallux valgus, against the criteria for permanence and the functional capacity for work.

The Tribunal accepted the evidence regarding Ms Sciarrotta's health conditions and their impact on her daily activities. While the Secretary conceded that Ms Sciarrotta suffered from functional impairments satisfying one limb of the DSP eligibility criteria, the core of the decision rested on the Impairment Tables. The Tribunal noted that an impairment rating could only be assigned if the condition was permanent, defined as fully diagnosed, fully treated, and fully stabilised, and likely to persist for more than two years. Applying these principles, the Tribunal found that Ms Sciarrotta's back condition, despite being diagnosed, was not considered fully treated and stabilised within the assessment period.

Ultimately, the Tribunal determined that Ms Sciarrotta's impairments attracted a total of 10 impairment points, falling short of the required 20 points under the Impairment Tables. Consequently, she did not meet the criteria for a DSP during the assessment period. The Tribunal affirmed the decision under review.