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

The Administrative Appeals Tribunal considered the eligibility of Mr Stafford for a disability support pension (DSP) against the Secretary of the Department of Social Services. The dispute centred on whether Mr Stafford met the criteria for a DSP, specifically concerning the severity and impact of his diagnosed conditions, including osteoarthritis, a mental health condition, and sleep apnoea.

The Tribunal was required to determine whether Mr Stafford suffered from a physical, intellectual, or psychiatric impairment or impairments that resulted in an impairment rating of 20 points or more under the relevant Impairment Tables. Further, it had to ascertain if these points were achieved under a single impairment, constituting a severe impairment, and whether Mr Stafford had a continuing inability to work (CITW). This CITW criterion also required consideration of whether he had actively participated in a program of support, if he did not have a severe impairment.

The Tribunal applied the principles outlined in the *Social Security Act 1991* (Cth) and related determinations, including the *Social Security (Tables for the Assessment of Work-related Impairment for Disability Support Pension) Determination 2011*. It noted that the Impairment Tables assess functional capacity rather than diagnoses, and that impairments must be permanent and likely to persist for two years to receive a rating. While the Tribunal found that Mr Stafford achieved 20 impairment points, it concluded that these did not amount to a severe impairment under a single Table. Consequently, Mr Stafford was required to satisfy the program of support requirements to meet the CITW criterion. As he had not commenced a program of support, the Tribunal found he failed to meet this requirement and therefore did not qualify for the DSP.

The Tribunal set aside the previous decision and substituted its own finding that Mr Stafford was not qualified for the disability support pension as of 22 March 2016.