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

The Administrative Appeals Tribunal (AAT) considered an application by Ms Townsend for a review of a decision to reject her claim for a Disability Support Pension (DSP). Ms Townsend sought the DSP based on recurrent depressive disorder, anxiety disorder, and post-traumatic stress disorder. The primary dispute concerned whether Ms Townsend met the eligibility requirements for the DSP, specifically regarding the qualification period and the assignment of impairment ratings under the relevant Impairment Tables.

The legal issues before the Tribunal were whether Ms Townsend suffered from permanent impairments that attracted a rating of 20 points or more under the Impairment Tables, and whether her conditions were fully diagnosed, fully treated, and fully stabilised during the qualification period. The Tribunal also considered the requirement of a continuing inability to work.

The Tribunal reasoned that while Ms Townsend's psychological conditions were diagnosed during the qualification period, the evidence did not demonstrate that these conditions were fully treated and stabilised. Consequently, the functional impairment arising from these conditions did not attract the requisite 20 points under the Impairment Tables. The Tribunal noted that the level of evidence and treatment provided did not meet the specific requirements stipulated by the DSP legislation, even though Ms Townsend was affected by her conditions.

The Tribunal affirmed the reviewable decision, upholding the rejection of Ms Townsend's claim for a Disability Support Pension.