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

This matter concerned an appeal by Mr Stain against the Secretary of the Department of Social Services regarding his eligibility for an unlimited portability period for his Disability Support Pension (DSP). Mr Stain, who had been granted a DSP in 2012 due to heart disorder, was residing in the Philippines when he sought an assessment for maximum portability of his pension. The Department's review, conducted in Australia, applied the 2012 Impairment Tables and found that Mr Stain no longer qualified for the DSP, thereby impacting his portability.

The core legal issues before the Tribunal were whether Mr Stain possessed a physical, intellectual, or psychiatric impairment, whether his diagnosed conditions attracted 20 points or more under the Social Security (Tables for the Assessment of Work-related Impairment for Disability Support Pension) Determination 2011, and whether he had a continuing inability to work. Crucially, the Tribunal also had to determine if these criteria, if met, would render him a severely impaired disability support pensioner eligible for an unlimited portability period under section 1218AAA of the Social Security Act 1991.

The Tribunal found that while Mr Stain suffered from various impairments including peripheral vascular disease, PTSD, diabetes, spinal disorder, and coronary artery disease, his conditions did not attract the requisite 20 points under the Impairment Tables. Specifically, the Tribunal was unable to verify that the limitations in walking were primarily related to his peripheral vascular disease, leading to a nil point rating for that condition. Furthermore, the Tribunal could not definitively conclude that Mr Stain had a continuing inability to work. Consequently, as Mr Stain did not meet the criteria for a DSP or a severe impairment, he was not eligible for unlimited portability.