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

This matter concerned an appeal by Mr Vass against a decision by the Secretary of the Department of Social Services affirming a refusal to grant him a disability support pension (DSP). The appeal was heard by A Poljak SM in the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether Mr Vass’s medical conditions were fully diagnosed, treated, and stabilised, and whether his impairments rated 20 or more points under the relevant Impairment Tables. Specifically, the Tribunal considered whether his ischaemic heart disease met the threshold for a DSP.

The Tribunal found that Mr Vass’s ischaemic heart disease was rated at 5 points under Table 1 of the Impairment Tables. As this rating did not reach the required 20 points, the Tribunal concluded that Mr Vass’s claim for a DSP could not succeed. Consequently, it was not necessary to determine whether he had a continuing inability to work during the claim period. The Tribunal affirmed the decision under review, noting that Mr Vass was at liberty to apply for a DSP again at any time.