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

This matter concerned an appeal by Mr Towner against a decision of the Social Security Appeals Tribunal (SSAT) affirming the Secretary of the Department of Social Services' decision to cancel his disability support pension. The dispute centred on whether Mr Towner's various medical conditions, including a spine condition and an upper limb condition, resulted in impairments that met the threshold for a disability support pension under the relevant legislation.

The Administrative Appeals Tribunal (AAT) was required to determine whether Mr Towner's impairments, when assessed against the Impairment Tables, were rated at 20 points or more. Furthermore, the Tribunal had to consider whether, as a consequence of these impairments, Mr Towner had a continuing inability to work.

The Tribunal reviewed the evidence concerning Mr Towner's multiple medical conditions. It found that, at the date of cancellation, Mr Towner did not satisfy the criteria under subsection 94(1)(b) of the Social Security Act 1991 (Cth). The Tribunal set aside the SSAT's decision and substituted its own finding that Mr Towner was not entitled to the disability support pension at the time of cancellation. The Tribunal noted that Mr Towner remained entitled to lodge a new application should his circumstances change.