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

This matter concerned an appeal by Ms Delahunt against the decision of the Secretary, Department of Social Services, to reject her claim for a Disability Support Pension (DSP). The primary issue before the Administrative Appeals Tribunal (AAT) was whether Ms Delahunt's condition, identified as N24SWD (Non-24-hour sleep-wake disorder), was fully diagnosed, treated, and stabilised during the relevant qualification period. The AAT affirmed the decision under review.

The legal issues before the Tribunal were whether Ms Delahunt's N24SWD condition was fully diagnosed, treated, and stabilised in accordance with the Rules for Applying the Impairment Tables. If these criteria were met, the Tribunal would then need to determine if the impairment ratings assigned under the Impairment Tables were 20 points or more, and consequently, whether Ms Delahunt had a continuing inability to work. The Tribunal also considered whether her mental health conditions, depression and anxiety, were permanent.

The Tribunal reasoned that for an impairment rating to be assigned under the Impairment Tables, the underlying condition must be permanent, meaning it has been fully diagnosed, fully treated, and fully stabilised. Permanence is defined as a condition that is more likely than not to persist for more than two years. The Tribunal found that while the AAT1 had considered Ms Delahunt's N24SWD to be fully diagnosed, it had misgivings about the extent of her treatment. The Tribunal also noted that the AAT1 found her depression and anxiety were not permanent. Crucially, the Tribunal applied the principle that an applicant's circumstances and available evidence must be assessed as they were during the qualification period, with subsequent evidence only considered if referable to that period. As Ms Delahunt was not found to be qualified for DSP during the relevant period, the Tribunal affirmed the decision under review.