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

This matter concerned an appeal by Mr. Tjandra against a decision of the Secretary of the Department of Social Services affirming a determination that he was not entitled to sickness allowance from an earlier date. The Administrative Appeals Tribunal (AAT) was required to consider whether Mr. Tjandra was incapacitated for work for the purposes of the *Social Security Act 1991* (Cth) during the period in question.

The central legal issue before the Tribunal was the interpretation of "incapacitated for work" as defined in the *Social Security Act 1991* (Cth). Specifically, the Tribunal had to determine whether Mr. Tjandra's inability to perform his "usual duties" constituted incapacity for work, and if so, from what date this incapacity commenced.

The Tribunal's reasoning focused on the objective assessment of Mr. Tjandra's capacity to perform his usual duties. It considered the medical evidence presented and the nature of his employment. The Tribunal affirmed the Secretary's decision, finding that Mr. Tjandra had not established that he was incapacitated for work in accordance with the statutory definition during the period for which he sought sickness allowance. The Tribunal concluded that the evidence did not support an earlier commencement date for his incapacity.