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

This matter concerned an appeal by the applicant, Shurlock, against a decision of the Secretary of the Department of Social Services affirming a decision that she did not qualify for a Disability Support Pension (DSP). The applicant’s claim for DSP was based on a mental health condition and chronic widespread pain. The core of the dispute revolved around whether the applicant met the qualification criteria for the pension, specifically the requirement of having an impairment rating of 20 points or more under the relevant Impairment Tables.

The court was required to determine two primary legal issues. Firstly, whether the applicant’s impairments, as assessed under the Social Security (Tables for the Assessment of Work-related Impairment for Disability Support Pension) Determination 2011, reached the threshold of 20 points or more. Secondly, the court needed to consider the temporal aspect of qualification, specifically whether the applicant met the criteria within the relevant 13-week qualification period following her claim date.

The court applied the provisions of the *Social Security Act 1991* (Cth) and the *Social Security (Administration) Act 1999* (Cth), including the Impairment Tables. It was noted that the qualification criteria for DSP are cumulative, meaning all criteria must be satisfied. The court emphasised that the assessment of an impairment rating and the assessment of a continuing inability to work are distinct but equally important. Crucially, the court held that the applicant’s qualification for DSP could only be assessed within the 13-week period following her claim date of 15 February 2018, and any subsequent deterioration or change in her medical conditions was irrelevant to this assessment.

The decision under review was affirmed. The court indicated that the applicant might consider re-testing her eligibility for DSP with further recent medical evidence, particularly from a psychiatrist or clinical psychologist, if she intended to meet the Impairment Table Guidelines for Table 5 – Mental Health Function.