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

This matter concerned an appeal by Miss Vorhauer against a decision of the Secretary of the Department of Social Services affirming a decision that she did not qualify for a disability support pension. The Administrative Appeals Tribunal was required to determine whether Miss Vorhauer's impairments attracted 20 points or more under the Impairment Tables, as a prerequisite for receiving the pension.

The central legal issue before the Tribunal was whether Miss Vorhauer's medical conditions, specifically a lower limb disorder, met the threshold of 20 impairment points as stipulated by the relevant Impairment Tables. This assessment was crucial to determining if her disability was sufficiently severe to warrant a disability support pension under the Social Security Act 1991 (Cth). The Tribunal also considered, but ultimately dismissed, submissions made by the applicant regarding the constitutional legislative powers of the Commonwealth.

The Tribunal found that Miss Vorhauer did not meet the requirements of paragraph 94(1)(b) of the Social Security Act 1991 (Cth) because her impairments did not attract 20 points or more under the Impairment Tables. Consequently, the Tribunal concluded that Miss Vorhauer did not qualify for the disability support pension during the relevant claim period, and it was therefore unnecessary to consider other eligibility criteria, such as her continuing inability to work.