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

The Administrative Appeals Tribunal considered the eligibility of Mr Simms for a Disability Support Pension (DSP) following a review by the Secretary of the Department of Social Services. The core of the dispute concerned whether Mr Simms met the legislative requirements for receiving the DSP.

The Tribunal was required to determine whether Mr Simms' impairments were fully diagnosed, fully treated, and fully stabilised, and whether these impairments attracted 20 points or more on the relevant Impairment Tables. Furthermore, the Tribunal had to assess whether Mr Simms had participated in a program of support.

The Tribunal found that section 94(1) of the relevant Act is a conjunctive provision, meaning all its conditions must be met for an applicant to qualify for the DSP. As Mr Simms did not satisfy each part of this subsection during the relevant period, the Tribunal concluded that he was not qualified for the DSP. Consequently, the reviewable decision of the Secretary was affirmed.