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

This matter concerned an appeal by Mrs Tremaine against a decision of the Secretary, Department of Social Services regarding her eligibility for a Disability Support Pension (DSP). The Administrative Appeals Tribunal (AAT) was required to determine whether Mrs Tremaine's impairments attracted an impairment rating of 20 points or more under the Impairment Tables during the relevant qualification period.

The central legal issue before the Tribunal was whether Mrs Tremaine met the threshold of 20 impairment points as prescribed by the Impairment Tables. If this threshold was met, the Tribunal would then have needed to consider the further requirement of a continuing inability to work, as defined by section 94(2) of the relevant Act, for the purposes of section 94(1)(c).

The Tribunal found that Mrs Tremaine's impairments did not attract the requisite 20-point impairment rating during the qualification period. Consequently, it was unnecessary for the Tribunal to consider the separate issue of her continuing inability to work. As Mrs Tremaine failed to meet the primary impairment rating requirement, she did not qualify for the DSP. The decision under review was therefore affirmed.