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

This matter concerned an appeal by Mrs Vasilas against a decision by the Secretary of the Department of Social Services to refuse her application for a Disability Support Pension (DSP). The Administrative Appeals Tribunal (AAT) was required to determine whether Mrs Vasilas met the legislative criteria for qualification for the DSP, specifically concerning the severity of her impairments.

The central legal issue before the Tribunal was whether Mrs Vasilas's combined physical impairments met the threshold of 20 points or more under the Impairment Tables, as required by section 94(1)(b) of the *Social Security Act 1991* (Cth), and whether she had a continuing inability to work. The Tribunal also considered the relevant reviewable period for assessing her condition, as limited by section 4(1) of Schedule 2 to the *Social Security Administration Act 1999* (Cth).

The Tribunal found that while Mrs Vasilas suffered from multiple serious medical conditions, including severe right knee osteoarthrosis, a carcinoid tumour, diabetes, hypertension, and a spinal disorder, her impairments did not reach the required 20-point threshold within the relevant review period. The Tribunal noted that her knee condition, while significantly impacting her mobility, was not fully treated or stabilised at the time, as surgical intervention was still being considered due to increased anaesthetic risks associated with her other health issues. Consequently, the impairment rating for her knee could not be definitively assigned. The Tribunal concluded that, based on the evidence, Mrs Vasilas attracted a maximum of 10 impairment points, falling short of the 20-point requirement.

As Mrs Vasilas did not satisfy the impairment criteria under section 94(1)(b) of the Act, she did not qualify for the DSP during the review period. The Tribunal noted that if surgery for her knee was deemed too risky, she might then qualify for the DSP on a functional basis, attracting a higher impairment rating.