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

This matter concerned an application for review of a decision to reject Ms Tilbrook's claim for a Disability Support Pension (DSP). The dispute centred on whether Ms Tilbrook met the legislative requirements for a DSP during the qualifying period between 27 September 2018 and 27 December 2018. The Administrative Appeals Tribunal (AAT) was tasked with determining if Ms Tilbrook had a qualifying impairment, whether that impairment rated at least 20 points on the relevant Impairment Tables, and if she had a continuing inability to work.

The legal issues before the Tribunal were whether Ms Tilbrook possessed a physical, intellectual, or psychiatric impairment, and if so, whether this impairment achieved a rating of at least 20 points under the Social Security (Tables for the Assessment of Work-related Impairment for Disability Support Pension) Determination 2011. Crucially, the Tribunal also had to consider if Ms Tilbrook had a continuing inability to work, a prerequisite for DSP eligibility. The assessment of these issues was confined to the specified qualifying period, with any conditions or developments arising after that time being irrelevant to the current determination.

The Tribunal's reasoning focused on the permanency of Ms Tilbrook's diagnosed conditions, which required them to be fully diagnosed, treated, and stabilised. The Tribunal found that Ms Tilbrook did have several impairments, including hypoparathyroidism, psoriasis, depression, partial hearing loss, a kidney disorder, lower and mid back pain, carpal tunnel syndrome, visual loss, and bilateral shoulder bursitis. However, the Secretary contended that Ms Tilbrook did not achieve the required 20-point impairment rating. The Tribunal ultimately concluded that Ms Tilbrook did not qualify for a DSP during the relevant period.