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

This matter concerned an appeal by Trembath against a decision of the Secretary of the Department of Social Services regarding a disability support pension. The Administrative Appeals Tribunal (AAT) had previously affirmed the Secretary's decision that Trembath did not qualify for the pension. The appeal was heard by D K Grigg M.

The central legal issue before the Tribunal was whether Trembath's impairments were permanent and whether these impairments attracted 20 points or more under the relevant impairment tables during the period in question. This assessment was crucial for determining eligibility for a disability support pension under social security legislation.

The Tribunal reviewed the evidence concerning Trembath's impairments and their impact. It applied the criteria set out in the Social Security Act 1991 and the relevant Impairment Tables to assess whether the threshold for a disability support pension had been met. The Tribunal found that the previous decision was not supported by the evidence and that Trembath's impairments did indeed attract the requisite points. Consequently, the Tribunal set aside the previous decision and substituted a new decision in favour of Trembath.