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

This matter concerned an appeal by Ms Thomson against a decision of the Secretary, Department of Social Services, regarding her eligibility for a disability support pension. The dispute centred on whether Ms Thomson met the legislative requirements for the pension, specifically concerning the severity of her impairments and her continuing inability to work. The decision was made by R Cameron SM.

The primary legal issues before the court were whether Ms Thomson's impairments attracted a rating of 20 points or more under the Impairment Tables, and whether she had a continuing inability to work in the qualification period. This latter issue involved determining if her impairments were sufficient to prevent her from undertaking work of at least 15 hours per week, or a training activity that would lead to such work, independently of a program of support.

The court found that Ms Thomson's impairments were of 20 points or more under the Impairment Tables, satisfying the first limb of the test. In addressing the continuing inability to work, the court considered the Secretary's submission that Ms Thomson's work and educational history were inconsistent with such an inability. However, the court reasoned that her part-time nannying and volunteering did not constitute "work" in the context of a normal, open workplace, as they were undertaken with a supportive employer. Similarly, her part-time student status with minimal contact hours was not inconsistent with an inability to work at least 15 hours per week. The court concluded that Ms Thomson's impairments were severe enough to prevent her from working at least 15 hours per week independently of a program of support.