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

This matter concerned an appeal by Teleahiva against a decision of the Secretary of the Department of Social Services regarding entitlement to a Disability Support Pension. The core of the dispute revolved around whether the applicant met the criteria for the pension, specifically concerning the assessment of her mental health functional impairment. The Administrative Appeals Tribunal, constituted by Senior Member Chris Puplick AM, was tasked with reviewing the Secretary's decision.

The primary legal issue before the Tribunal was whether Teleahiva's condition constituted a "severe impairment" as defined by the Impairment Tables, and whether her condition was "fully diagnosed, fully treated and fully stabilised." The Tribunal had to determine if her mental health functional impairment, assessed as moderate, met the threshold for a Disability Support Pension under the relevant social security legislation.

In reaching its decision, the Tribunal applied the principles outlined in the Social Security Act 1991 and the associated Impairment Tables. Senior Member Puplick AM considered the medical evidence presented, which indicated a moderate level of functional impairment due to mental health issues. The Tribunal found that while the applicant's condition was diagnosed and treated, it had not reached a state of being "fully stabilised" in a manner that would satisfy the legislative requirements for a severe impairment. Consequently, the Tribunal affirmed the decision under review.