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

This matter concerned an application for review of a decision by the Social Services and Child Services Division of the Administrative Appeals Tribunal (SSCSD) which affirmed the cancellation of the applicant's disability support pension (DSP). The applicant had been receiving DSP since September 2008 for physical and psychiatric impairments. Following a medical review, the Department of Human Services cancelled her DSP on 19 August 2015, finding her impairment rating was less than 20 points. This decision was subsequently affirmed by an authorised review officer and then by the SSCSD.

The primary legal issues before the court were whether the applicant met the criteria for DSP under section 94 of the *Social Security Act 1991* (Cth) as assessed on 19 August 2015. Specifically, the court had to determine if the applicant's impairments attracted an impairment rating of 20 points or more under the relevant Impairment Tables, and whether she had a continuing inability to work. The court also considered whether the applicant's spinal condition was permanent and stabilised for the purposes of assigning an impairment rating.

The court reasoned that while the applicant had physical and psychiatric impairments, her spinal condition could not be regarded as fully treated and stabilised at the date of cancellation. Evidence regarding planned future treatment and the availability of specialist appointments indicated that the condition was not yet stabilised as required by the *Social Security (Tables for the Assessment of Work-Related Impairment for Disability Support Pension) Determination 2011*. Consequently, no impairment rating could be assigned under Table 4 for her spinal condition. The court found that the applicant's total impairment rating was 5 points, which did not meet the threshold of 20 points. Furthermore, the applicant did not demonstrate a continuing inability to work.

The court affirmed the decision under review, finding that the applicant was not eligible to receive DSP on 19 August 2015 as she failed to satisfy the impairment rating requirement and the continuing inability to work requirement. However, the court granted the applicant an exemption from the activity test to allow her to focus on treatment for her spinal and psychiatric conditions.