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

This matter concerned an application for review of the Secretary, Department of Social Services' decision to cancel Ms Searles' disability support pension (DSP). Ms Searles had been granted the DSP in 2006 due to a spinal disorder. Following a review, Centrelink determined in September 2018 that she no longer qualified for the pension, a decision affirmed by an authorised review officer. Ms Searles subsequently applied to the Administrative Appeals Tribunal (AAT), which affirmed the cancellation decision, finding she did not meet the required 20 impairment points under the Impairment Tables. This Tribunal was asked to review the AAT's decision.

The primary legal issue before the Tribunal was whether Ms Searles was qualified for a DSP as at the date of the cancellation of her existing payment. This required determining if her impairments, specifically a spinal disorder and asthma, met the criteria set out in the Social Security Act 1991, including having an impairment of 20 points or more under the Impairment Tables and a continuing inability to work. The Tribunal also had to consider whether her conditions were fully diagnosed, treated, and stabilised, as stipulated by the Impairment Tables.

The Tribunal found that the AAT had erred in its assessment of Ms Searles' eligibility. While the AAT had correctly identified her spinal condition and asthma, and acknowledged the spinal condition was permanent, it had not been satisfied that the condition was fully stabilised. The Tribunal noted that the definition of "fully stabilised" requires that any further reasonable treatment is unlikely to result in significant functional improvement. The Tribunal was not satisfied that Ms Searles was not qualified for the DSP at the date of cancellation.

Consequently, the Tribunal set aside the decision under review.