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

The Administrative Appeals Tribunal considered the case of Mr Scott and the Secretary, Department of Social Services, concerning the cancellation of Mr Scott's Disability Support Pension (DSP). Mr Scott, who had been in receipt of DSP since 1996, had his pension cancelled in May 2015 following a medical review triggered by his notification of travel plans. After the cancellation was affirmed by an Authorised Review Officer and subsequently by the Social Services and Child Support Division of the Tribunal, Mr Scott sought a further review before the General Division. The central question before the Tribunal was whether Mr Scott was qualified to receive the DSP on the date his pension was cancelled.

The Tribunal was required to determine if Mr Scott met the criteria for DSP qualification under section 94(1) of the Social Security Act 1991. This involved assessing whether he had a physical, psychological, or mental impairment that attracted a rating of 20 or more points under the Impairment Tables, and whether he had a continuing inability to work. The Impairment Tables implemented from 1 January 2012 were applicable, although the criteria for assessing the inability to work were to be assessed against the pre-July 2006 standards due to the date of Mr Scott's initial DSP grant.

The Tribunal found that Mr Scott did satisfy the requirement of having a physical, intellectual, or psychiatric impairment under section 94(1)(a) of the Act, noting his diagnosed conditions of hypoxic brain injury and hairy cell leukaemia. However, the decision ultimately affirmed the original cancellation of the DSP, indicating that Mr Scott did not meet the necessary point threshold under the Impairment Tables, or the criteria for a continuing inability to work, as required for qualification.