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

This matter concerned an appeal by Mr Smith against a decision of the Secretary of the Department of Social Services affirming a decision that he was not qualified for a Disability Support Pension (DSP). The dispute centred on whether Mr Smith's medical conditions, specifically a skin condition and a related mental health condition, met the criteria for DSP qualification as at 11 July 2017, or within the subsequent 13-week qualification period. The Administrative Appeals Tribunal (AAT) was required to determine if Mr Smith's impairments could be assigned 20 points or more under the Impairment Tables and whether his conditions were fully diagnosed, treated, and stabilised.

The Tribunal was tasked with assessing Mr Smith's eligibility for DSP based on his medical state during the qualification period from 11 July 2017 to 10 October 2017. Section 94(1) of the relevant Act outlines the DSP qualification requirements: a physical, intellectual, or psychiatric impairment; an impairment rating of 20 points or more under the Impairment Tables; and either a continuing inability to work or participation in the supported wage system. The Tribunal noted that all these elements must be satisfied conjunctively.

The Tribunal reasoned that Mr Smith's conditions, both physical and psychiatric, were not fully diagnosed, treated, and stabilised within the qualification period. Mr Smith's own submissions indicated a lack of insight into the necessity of a mental health diagnosis and treatment for his primary condition. Consequently, neither his skin condition nor his mental health condition could be assessed as meeting the requirements for the Impairment Tables. As Mr Smith failed to meet the threshold of a 20-point impairment rating, the Tribunal did not need to consider the further criterion of an inability to work. The Tribunal affirmed the decision under review.