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

This matter concerned an application for a disability support pension by Mr Sutcliffe against the Secretary, Department of Social Services. The Administrative Appeals Tribunal was required to determine whether Mr Sutcliffe qualified for the disability support pension during the relevant qualification period, having regard to his medical conditions.

The Tribunal was tasked with determining if Mr Sutcliffe met the requirements of the *Social Security Act 1991* (Cth) for a disability support pension. Specifically, the Tribunal had to consider whether his impairments, including a right pontine stroke, hypertension, hypercholesterolemia, and depression, were fully diagnosed, treated, and stabilised during the qualification period, and whether these impairments attracted the necessary points under the Impairment Tables.

The Tribunal found that while Mr Sutcliffe suffered from the accepted impairments, they were not fully diagnosed, treated, and stabilised within the qualification period. Consequently, he did not meet the requirements of paragraph 94(1)(b) of the Act. The Tribunal also noted that his conditions did not attract the requisite 20 points under the Impairment Tables, making it unnecessary to consider his continuing inability to work. The Tribunal observed that Mr Sutcliffe had not completed a program of support, which would be relevant for any future application.

The decision under review was affirmed. The Tribunal noted that Mr Sutcliffe might be eligible for other forms of income support with a less onerous application process, or he could make another application for a disability support pension if he chose.