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

This matter concerned an application by Patrick Twiss for a review of a decision to reject his claim for a disability support pension (DSP). The claim had previously been rejected by Centrelink, an Authorised Review Officer, and the Social Services and Child Support Division of the Tribunal. Mr Twiss sought further review of this decision.

The primary legal issues before the Tribunal were whether Mr Twiss had a physical, intellectual, or psychiatric impairment, whether any such impairment attracted a rating of 20 or more points under the Impairment Tables, and whether he had a continuing inability to work. The latter requirement involved consideration of whether he had a "severe impairment" or had actively participated in a program of support as defined by relevant legislation.

The Tribunal Member, Mr S. Webb, noted that for Mr Twiss's claim to succeed, he needed to satisfy all three key tests. The Member found it unnecessary to delve into the third test concerning the continuing inability to work, as the evidence suggested Mr Twiss would fail this requirement based on his participation in a program of support. The decision under review was therefore affirmed.