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

This matter concerned an appeal by Ms J Taulaga against a decision of the Secretary, Department of Social Services, regarding her eligibility for a Disability Support Pension (DSP). The Administrative Appeals Tribunal (AAT), presided over by Senior Member B. Pola, was required to determine whether Ms Taulaga met the criteria for a DSP, specifically concerning the diagnosis, treatment, and stabilisation of her medical conditions, and whether she had an impairment rating of 20 points or more under the relevant Impairment Tables during the qualification period.

The central legal issues before the Tribunal were whether Ms Taulaga's medical condition was fully diagnosed, fully treated, and fully stabilised, and whether she achieved the requisite 20 impairment points during the qualification period. The Tribunal noted that only conditions existing and assessed during the qualification period were relevant, although later evidence could be considered if it referred back to the applicant's condition during that time.

The Tribunal found that Ms Taulaga did have an impairment during the qualification period due to Common Variable Immune Deficiency (CVID), IgA and IgG deficiency, and bronchiectasis, and that she satisfied section 94(1)(a) of the Social Security Act 1991 (Cth) in this regard. However, the Tribunal concluded that Ms Taulaga did not satisfy section 94(1)(b) of the Act, which relates to the Impairment Tables. As a result, the Tribunal affirmed the original decision.