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

This matter concerned an appeal by Ms Whillier against a decision of the Secretary of the Department of Social Services to affirm the rejection of her application for a disability support pension. The Administrative Appeals Tribunal was tasked with determining whether Ms Whillier's impairments were permanent and whether they had been fully diagnosed, treated, and stabilised, as required for the pension.

The central legal issue was whether Ms Whillier met the criteria for a disability support pension under the relevant social security legislation, specifically concerning the permanency and stabilisation of her impairments. This involved an assessment of her condition, chronic fatigue syndrome, against the impairment tables.

The Tribunal considered the evidence regarding Ms Whillier's chronic fatigue syndrome and its impact on her ability to work. It was found that Ms Whillier was awarded 10 points under Table 1 of the impairment tables. However, this score was insufficient to meet the threshold for the disability support pension. The Tribunal affirmed the decision under review. Ms Whillier was advised that she could submit a new application at any time should her circumstances change.