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

This matter concerned an appeal by Mr Triantafillou against the Secretary of the Department of Social Services' decision to cancel his Disability Support Pension (DSP). The central dispute revolved around whether Mr Triantafillou's impairments were fully diagnosed, treated, and stabilised, and whether these impairments attracted the requisite 20 points under the Impairment Tables to qualify for the DSP. The Administrative Appeals Tribunal (AAT) was tasked with determining Mr Triantafillou's eligibility for the DSP as at the date of cancellation, 17 September 2015.

The legal issues before the Tribunal were whether Mr Triantafillou's various conditions, including Attention Deficit Hyperactivity Disorder (ADHD), depression, and learning disability, met the criteria for being fully diagnosed, treated, and stabilised. Specifically, the Tribunal had to assess if his learning disability attracted 20 points or more under Impairment Table 9 – Intellectual Function, as this was the threshold for qualification under section 94(1)(b) of the relevant Act. The Tribunal also considered evidence regarding his drug dependence and the verification and treatment of this condition.

The Tribunal conducted a de novo review of the evidence, including oral testimony from Mr Triantafillou and his mother, as well as medical reports. While acknowledging that Mr Triantafillou's learning disability was diagnosed, treated, and stabilised, the Tribunal found it attracted only 10 points under Impairment Table 9, falling short of the required 20 points. The Tribunal also noted that his ADHD was diagnosed but not fully treated and stabilised, and his depression was not fully diagnosed by a psychiatrist or clinical psychologist. Furthermore, his drug dependence was not verified in the medical evidence and had not accessed reasonable treatment.

Consequently, the Tribunal determined that Mr Triantafillou was not qualified for the DSP as at 17 September 2015. The Tribunal affirmed the decision of the Secretary, Department of Social Services, and the previous decision of the AAT dated 4 December 2015.