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

The Administrative Appeals Tribunal reviewed a decision of the Social Services & Child Support Division which affirmed the Secretary of the Department of Social Services' refusal of the Applicant's claim for a disability support pension. The Applicant had lodged her claim on 14 March 2017, and the Tribunal was required to determine if she qualified for the pension at that time or within the subsequent 13 weeks.

The central legal issue before the Tribunal was whether the Applicant met the legislative requirements for a disability support pension. This involved assessing whether she had a qualifying physical, intellectual, or psychiatric impairment, whether that impairment rated at least 20 points under the Social Security (Tables for the Assessment of Work-related Impairment for Disability Support Pension) Determination 2011, and whether she had a continuing inability to work. Crucially, the Tribunal had to consider the definition of a "permanent" condition under the Tables, which requires a condition to be fully diagnosed, treated, and stabilised, and more likely than not to persist for more than two years.

The Tribunal reasoned that the requirements for a disability support pension are conjunctive, meaning all must be satisfied. Applying the criteria for a permanent condition, the Tribunal found that the Applicant's relied-upon conditions had not been fully diagnosed, treated, and stabilised. Consequently, an impairment rating of 20 points or more could not be assigned. As this threshold was not met, the Tribunal did not need to consider the Applicant's continuing inability to work.

By reason of the foregoing matters, the reviewable decision was affirmed.