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

This matter concerned an application for review of a decision to reject the applicant's claim for a Disability Support Pension (DSP). The applicant, born in 1973, had moved to Italy in 2013 and lodged his DSP claim in November 2017. The core dispute revolved around whether the applicant met the eligibility criteria for the DSP, particularly concerning the severity of his impairments and his capacity to work. The case was heard by a Member of the Tribunal.

The legal issues before the Tribunal were whether the applicant satisfied the criteria set out in sections 94(1)(a) and (b) of the relevant Act. Specifically, the Tribunal had to determine if the applicant had a physical, intellectual, or psychiatric impairment, and if so, whether these impairments attracted an impairment rating of at least 20 points under the Social Security (Tables for the Assessment of Work-Related Impairment for Disability Support Pension) Determination 2011 (the Impairment Tables). The Tribunal also considered the implications of an Italian Agreement in relation to the applicant's qualification for the DSP.

The Tribunal's reasoning focused on the applicant's capacity to work and the assessed impairment rating. Despite the applicant's mental health condition (Borderline Personality Disorder with Anxiety and Depression), which had been diagnosed, treated, and stabilised, the Health Professional Advisory Unit (HPAU) consistently assessed his impairment rating at 10 points under Table 5 of the Impairment Tables. Further evidence regarding intellectual function was considered, but the Tribunal ultimately found that the applicant was not totally unable to work in the next two years, meaning he was not "severely disabled" for the purposes of the Italian Agreement. Consequently, the Tribunal concluded that the applicant's impairments did not attract the required 20-point threshold under the Impairment Tables, thus failing to satisfy section 94(1)(b) of the Act.

Accordingly, the Tribunal affirmed the decision to reject the applicant's DSP claim, finding that he did not qualify for the pension under the Italian Agreement or under the general provisions of the Act due to insufficient impairment rating.