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

This matter concerned an application for a Disability Support Pension (DSP) by the applicant, Taifalos, against the Secretary of the Department of Social Services. The dispute centred on whether the applicant met the legislative criteria for receiving the DSP, specifically concerning the severity and stability of her medical conditions. The case was heard by P J Clauson AM SM.

The primary legal issues before the Tribunal were whether the applicant's medical conditions were fully diagnosed, fully treated, and fully stabilised, and whether these conditions resulted in an impairment rating of 20 points or more under the relevant Impairment Tables. These assessments were to be made as at the date of the applicant's claim for the DSP, or within 13 weeks thereafter if the qualifying conditions were met subsequently.

The Tribunal's reasoning was guided by the Social Security Act 1991 and the Social Security (Administration) Act 1999. The Impairment Tables, established by the Social Security (Tables for the Assessment of Work–related Impairment for Disability Support Pension) Determination 2011, are function-based and assess the functional impact of impairments. Crucially, an impairment rating can only be assigned if the condition causing the impairment is permanent, meaning it is fully diagnosed, fully treated, and fully stabilised, and is more likely than not to persist for more than two years. The Tribunal found that the applicant did not achieve a total of 20 or more impairment points under these Tables.

Consequently, the applicant failed to satisfy the requirement under section 94(1)(b) of the Act, meaning she did not qualify for the DSP during the relevant period. The Tribunal affirmed the decision under review.