Tennant and Secretary, Department of Social Services (Social security)

The applicant, Tennant, sought review of a decision by the Secretary of the Department of Social Services to affirm a refusal of a Disability Support Pension (DSP). The applicant claimed to suffer from chronic fatigue syndrome and Lyme disease, conditions which she argued qualified her for a DSP. The Administrative Appeals Tribunal was tasked with determining whether the applicant's impairments met the threshold for a DSP.

The central legal issue before the Tribunal was whether the applicant's impairments, when assessed against the relevant impairment tables under social security legislation, totalled 20 points or more. This assessment is a prerequisite for eligibility for a DSP. The Tribunal was required to consider the evidence presented regarding the applicant's conditions and how they corresponded to the specific descriptors and point allocations within the impairment tables.

The Tribunal affirmed the decision under review, finding that the applicant's impairments did not reach the required 20-point threshold. The Tribunal noted that the applicant was at liberty to lodge a new application for a DSP at any time. Such a future application, it advised, should be supported by updated reports from relevant health professionals, including her general practitioner and a psychiatrist or clinical psychologist, specifically addressing the impairment tables and assigning points for each condition.