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

This matter concerned an appeal by Smith (the Applicant) against a decision of the Secretary of the Department of Social Services. The dispute centred on the Applicant's eligibility for a Disability Support Pension. The decision was made by A Durkin M of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the Applicant had a continuing inability to work, as defined by section 94 of the relevant Act, during the qualification period of 22 November 2019 to 21 February 2020. This determination was crucial for establishing her entitlement to the Disability Support Pension.

The Tribunal accepted the Applicant's evidence that she had attempted to work for 15 hours during the qualification period and found it to be beyond her physical capacity. This assessment was supported by a report from Dr James, dated 10 December 2020, which indicated the Applicant was unable to complete even 15 hours of work. Consequently, the Tribunal found that the Applicant met the criteria under section 94(1)(c)(i) of the Act, demonstrating a continuing inability to work. The Tribunal set aside the decision under review and substituted a new decision, finding that the Applicant qualified for the Disability Support Pension as at 22 November 2019.