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

The Administrative Appeals Tribunal (AAT) considered the case of Von Sawiliski and the Secretary, Department of Social Services, concerning an application for a Disability Support Pension (DSP). The applicant sought to establish that she met the criteria for the DSP during a qualification period commencing on 6 February 2014. The AAT was tasked with determining whether the applicant's impairments qualified her for the pension.

The legal issues before the Tribunal were whether the applicant had an "impairment" as defined by the Social Security legislation, and if so, whether this impairment attracted a rating of at least 20 points under the relevant Impairment Tables. The definition of impairment focuses on a loss of functional capacity affecting a person's ability to work, resulting from a diagnosed condition. The respondent accepted that the applicant had impairments related to autism and cardiomyopathy, satisfying the first limb of the test. The central dispute revolved around the severity of these impairments and whether they met the threshold for a DSP qualification.

The Tribunal's reasoning acknowledged that while self-reporting of symptoms alone is insufficient, medical professionals often rely on an applicant's account of how their conditions affect their functioning. The Tribunal found that the applicant's autism and depression, considered together, were fully diagnosed, treated, and stabilised. Applying Table 7 of the Impairment Tables, which is appropriate for individuals with Autism Spectrum Disorder who do not have a low IQ, the Tribunal assigned a rating of 10 points for the impact of these conditions. This assessment took into account the support the applicant received from various professionals and employment services, indicating a need for occasional assistance with day-to-day activities. Regarding her cardiac condition, described as cardiomyopathy and ischaemic heart disease, the Tribunal found it to be fully diagnosed, treated, and stabilised, with evidence indicating shortness of breath impacting her functional capacity. However, when combined with the rating for her autism and depression, the total impairment rating did not reach the required 20 points.

Consequently, the Tribunal concluded that the applicant did not satisfy the qualification criteria for the DSP during the relevant qualification period. The decision under review was affirmed, meaning the applicant's claim for the DSP was not granted on this occasion. The Tribunal noted that the applicant was free to reapply for the DSP in the future.