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

This matter concerned an appeal by the applicant, Ms Sproule, against the cancellation of her Disability Support Pension (DSP) by the Secretary of the Department of Social Services. The dispute centred on whether Ms Sproule continued to meet the qualification requirements for the DSP following the cancellation of her pension. The decision was made by Senior Member A F Cunningham.

The primary legal issues before the Tribunal were whether Ms Sproule satisfied the qualification requirements for a DSP as set out in subsection 94(1) of the *Social Security Act 1991*. Specifically, the Tribunal was required to determine if Ms Sproule's medical conditions resulted in an impairment rating of 20 points or more under the relevant Impairment Tables, and whether she met the provisions relating to a continuing inability to work.

The Tribunal considered reports from Ms Sproule's treating doctor, which listed several medical conditions including super ventricular tachycardia (SVT), ischaemic heart disease, diabetes, and anxiety. However, the Tribunal noted that some of these conditions were reported as well-managed with minimal impact. While the applicant's irritable bowel syndrome was identified as causing daily pain and unpredictable bowel motions, the Tribunal accepted the assessment of a Job Capacity Assessor that Ms Sproule had a capacity for work of between 15 and 22 hours per week with intervention. Consequently, the Tribunal found that Ms Sproule failed to meet the requirement of a 20-point impairment rating and also failed to satisfy the continuing inability to work provisions, which require an inability to work for at least 15 hours per week or be retrained to do so.

Accordingly, the Tribunal affirmed the decision under review, finding that Ms Sproule failed to meet the qualification requirements for the DSP at the date of the cancellation decision.