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

This matter concerned an application for a Disability Support Pension (DSP) by Ms Tamay against the Secretary of the Department of Social Services. The central dispute revolved around whether Ms Tamay's psychiatric impairment, specifically a moderately severe anxiety disorder with panic attacks and agoraphobia, met the threshold for a DSP. The case was heard by Ms A E Burke Ao M.

The court was required to determine whether Ms Tamay suffered from a physical, intellectual, or psychiatric impairment that was fully diagnosed, treated, and stabilised, and whether this impairment attracted 20 points or more under the Social Security (Tables for the Assessment of Work-related Impairment for Disability Support Pension) Determination 2011. Furthermore, the court had to assess if Ms Tamay had a continuing inability to work due to her impairment.

The court found that Ms Tamay did suffer from a diagnosed, treated, and stabilised anxiety disorder. Crucially, the court determined that her impairments attracted 20 points under the Impairment Tables, thereby satisfying the severity requirement for the DSP. The court also concluded that Ms Tamay had a continuing inability to work, a key criterion for the pension.

The Tribunal set aside the previous decision and remitted the matter for reconsideration, directing that Ms Tamay satisfied all the necessary legislative requirements for the DSP.