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

The Administrative Appeals Tribunal (AAT) considered the case of Ms Stewart and the Secretary, Department of Social Services, concerning Ms Stewart's claim for a Disability Support Pension (DSP). Ms Stewart had previously been in receipt of a DSP, which was cancelled due to not meeting the required impairment rating or demonstrating a continuing inability to work. Her subsequent claim was rejected by the Department and affirmed by an Authorised Review Officer, leading to her appeal to the AAT.

The primary legal issues before the Tribunal were whether Ms Stewart had any physical, intellectual, or psychiatric impairments during the relevant qualification period for the DSP claim, whether these impairments attracted an impairment rating of at least 20 points under the Impairment Tables, and if so, whether she had a continuing inability to work. The Tribunal was required to assess the evidence regarding the diagnosis, treatment, and stabilisation of Ms Stewart's various medical conditions, including emotionally unstable personality disorder, opiate harmful use, and possible organic brain change.

The Tribunal acknowledged Ms Stewart's difficult circumstances and the distressing nature of her medical conditions. However, it applied the evidence before it to the relevant provisions of the Social Security Act 1991. The Tribunal found that Ms Stewart's medical conditions, as they stood during the qualification period, did not attract an impairment rating of 20 points or more under the Impairment Tables. Consequently, she was not deemed qualified for the DSP at the time of her claim.

The Tribunal affirmed the decision under review, meaning Ms Stewart's claim for a Disability Support Pension was rejected.