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

This matter concerned an appeal by Miss Star against the decision of the Department of Social Services to cancel her Disability Support Pension (DSP). The appeal was heard by Mr Conrad Ermert, a Member of the Tribunal. The central dispute revolved around whether Miss Star's impairments met the criteria for DSP at the time of the cancellation of her pension, specifically on 19 October 2015.

The Tribunal was required to determine if Miss Star's impairments attracted an impairment rating of 20 or more points under the relevant Impairment Tables, as required by section 94(1)(b) of the Social Security Act 1991. This involved assessing whether her conditions were permanent, meaning they had been fully diagnosed, treated, and stabilised. The Tribunal also had to consider the evidence presented by Miss Star regarding her functional capacity, particularly in relation to her upper and lower limb impairments, and compare this with the Job Capacity Assessment Report and other medical evidence.

The Tribunal adopted the reasoning from a previous case, *Shi*, to establish the relevant date for assessing Miss Star's qualification for DSP as 19 October 2015. While the Respondent accepted that Miss Star suffered impairments satisfying section 94(1)(a), the Tribunal focused on section 94(1)(b) concerning the impairment rating. The Tribunal found that Miss Star's Cerebral Palsy – Left Hemiplegia was permanent. In assessing her upper limb function, the Tribunal considered medical reports from Dr. Naidos, Dr. Sukumaran, and the Job Capacity Assessment Report, noting that while Miss Star could perform some daily activities one-handed or with adaptation, she required assistance with bilateral tasks and had difficulty with heavier objects and fine manipulation. The Tribunal also considered evidence regarding her lower limb function and her ability to walk and use public transport.

Ultimately, the Tribunal affirmed the decision under review, meaning the cancellation of Miss Star's DSP was upheld. However, the Tribunal noted that this did not prevent Miss Star from making a new application for DSP, supported by medical reports reflecting her current condition.