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

This matter concerned an application for review of a decision to reject a claim for a Disability Support Pension (DSP). The applicant, who arrived in Australia from New Zealand in 2014, lodged his claim for DSP in January 2021, citing several medical conditions. The primary dispute revolved around whether the applicant met the eligibility criteria for DSP, both under Australian legislation and the New Zealand Agreement, during the relevant qualification period.

The legal issues before the Tribunal were whether the applicant's medical conditions were fully diagnosed, treated, and stabilised during the qualification period, and whether these conditions attracted an impairment rating of at least 20 points as required by the Social Security Act 1991 (the Act). Furthermore, the Tribunal had to determine if the applicant qualified for DSP under the New Zealand Agreement, specifically considering the definition of "severely disabled" which requires a total inability to work for at least two years, a stricter test than that under the Act.

The Tribunal considered evidence including a Job Capacity Assessment report, which found the applicant's spinal disorder attracted 10 impairment points and his shoulder disorder attracted 5 impairment points, but his psychological disorder was not fully diagnosed, treated, or stabilised. The Tribunal found that the applicant did not satisfy the requirements of subsection 94(1)(b) of the Act, as his total impairment rating did not reach 20 points. Consequently, the Tribunal concluded that the applicant did not qualify for DSP under either the Act or the New Zealand Agreement. The Tribunal affirmed the decision under review.