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

This matter concerned an appeal by Mr Sritharan against a decision of the Secretary, Department of Social Services, regarding his eligibility for a Disability Support Pension (DSP). The appeal was heard by Dr L Bygrave, Member, of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether Mr Sritharan met the definition of "severely disabled" as stipulated in Article 1 of the relevant Agreement between Australia and New Zealand. This definition required that Mr Sritharan's condition(s) render him totally unable to work for at least the next two years and unable to benefit from a program of assistance or rehabilitation within the same timeframe.

The Tribunal considered medical evidence detailing Mr Sritharan's conditions, including depression, diabetes, retinopathy, and hypertension. It also had regard to the Australian Government's Guide to Social Security Law, which outlines that a recipient is considered severely disabled if their impairment prevents them from working at least 8 hours a week for the next two years and from benefiting from training or rehabilitation to the extent of being able to work at least 8 hours a week. The Joint Case Assessment (JCA) described Mr Sritharan's psychiatric disorder as having a "severe impact on function" but assessed his baseline work capacity and capacity with intervention as 8-14 hours per week.

Based on the evidence, the Tribunal was not satisfied that Mr Sritharan met the criteria for being "severely disabled" under the Agreement. Consequently, he did not qualify for the DSP. The Tribunal affirmed the decision under review.