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

This matter concerned an appeal by Mr Westwood against a decision of the Department of Social Services to cancel his Disability Support Pension. The core of the dispute was whether Mr Westwood continued to satisfy the criteria for the pension at the time of its cancellation. The appeal was heard by Deputy President K Bean of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether Mr Westwood's conditions were fully diagnosed, treated, and stabilised as at the date of the cancellation of his Disability Support Pension, a key requirement for qualification.

Deputy President Bean's reasoning focused on the evidence presented regarding Mr Westwood's medical conditions. The Tribunal was not satisfied that Mr Westwood's conditions met the threshold of being fully diagnosed, treated, and stabilised at the relevant time. Consequently, the Tribunal concluded that Mr Westwood was not qualified for the Disability Support Pension on that date.

The Tribunal affirmed the decision under review, meaning the cancellation of Mr Westwood's Disability Support Pension was upheld.