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

This matter concerned an application for review of a decision by the Social Services and Child Support Division of the Tribunal, which affirmed a decision to cancel the Applicant's Disability Support Pension (DSP). The Applicant sought to have the cancellation decision set aside and to establish his entitlement to unlimited portability of the DSP.

The Tribunal was required to determine two primary issues: first, whether the Applicant qualified for the DSP on 10 July 2015; and second, whether the Applicant was entitled to unlimited portability of the DSP from that date. The assessment of qualification for the DSP hinged on whether the Applicant's impairments met the threshold of 20 points or more under the Impairment Tables, and whether these conditions were fully diagnosed, fully treated, and fully stabilised.

The Tribunal found that as at 10 July 2015, the Applicant's conditions had not been fully treated and stabilised. This meant that his impairment rating did not satisfy the requirements of section 94(1)(b) of the Social Security Act 1991, nor did it constitute a "severe impairment" as defined in section 94(3B) of the Act. Consequently, the Tribunal concluded that the Applicant had not established all the requirements for unlimited portability under section 1218AAA of the Act. The reviewable decision to cancel the DSP was therefore affirmed.