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

This matter concerned an application for a Disability Support Pension (DSP) by Mr Thompson, a 66-year-old permanent resident of Australia, who was receiving Jobseeker payments. The dispute before the Tribunal was whether Mr Thompson met the eligibility requirements for a DSP as of 23 March 2022, the date of his claim. The Tribunal was required to determine if his medical conditions constituted a severe impairment under the Impairment Tables, if these conditions were fully diagnosed, treated, and stabilised, and if he had a continuing inability to work.

The Tribunal's reasoning focused on the legislative framework governing DSP eligibility, specifically section 94 of the Social Security Act 1991 (Cth) and the Social Security (Tables for the Assessment of Work-related Impairment for Disability Support Pension) Determination 2011. The core of the assessment involved applying the Impairment Tables to Mr Thompson's diagnosed conditions, including autoimmune hepatitis, haemochromatosis, type 2 diabetes, and multiple musculoskeletal issues. The Tribunal considered medical evidence from Mr Thompson's general practitioner and a gastroenterologist, which detailed his functional limitations, such as significant fatigue, inability to lift more than 2kg, limited standing time, and difficulties with bending and spinal function.

The Tribunal found that Mr Thompson's impairments, when assessed under the Impairment Tables, collectively rated 20 points or more under a single heading, thus satisfying the severe impairment requirement. Crucially, the Tribunal was satisfied that his conditions were sufficiently diagnosed and treated, and that the medical evidence indicated a continuing inability to work for at least 15 hours per week. Consequently, the Tribunal set aside the previous decision and substituted a new decision finding that Mr Thompson met the eligibility requirements for the DSP at the time of his claim.