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

This matter concerned an appeal by Mr Stuart against a decision by the Secretary of the Department of Social Services regarding his eligibility for a disability support pension. The central dispute revolved around whether Mr Stuart's various medical conditions attracted a sufficient number of points under the Impairment Tables to qualify him for the pension, specifically whether he met the threshold of 20 points or more. Mr Stuart contended that specific impairments, including those related to lower limb function, spinal function, fibromyalgia, and eczema, should be allocated impairment ratings that would exempt him from the requirement to meet a program of support.

The Tribunal was required to determine the appropriate impairment ratings for Mr Stuart's conditions, considering the criteria set out in the Impairment Tables. This involved assessing whether each condition was permanent, meaning it had been fully diagnosed, fully treated, and fully stabilised, and whether the impairment resulted from a condition likely to persist for more than two years. The functional impact of each impairment on Mr Stuart's capacity to work was the primary focus of this assessment.

The Tribunal reasoned that the Impairment Tables are designed to rate functional impact rather than diagnosis, and that a prerequisite for assigning an impairment rating is that the condition causing the impairment is permanent and likely to persist for at least two years. The Tribunal considered Mr Stuart's listed conditions, including hypermobility syndrome, severe eczema, asthma, depression, insomnia, cervical fusion, perianal abscess, and anaemia, along with the side effects of his multiple medications. Ultimately, the Tribunal was satisfied that Mr Stuart had a continuing inability to work within the meaning of section 94(1)(c) of the relevant Act. The decision under review was affirmed, and Mr Stuart was found to be qualified to receive the disability support pension from 22 September 2014.