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

This case concerned an application for a Disability Support Pension (DSP) by the Applicant, who had previously been granted the pension in 1993 for multiple chemical sensitivity (MCS). Following a significant compensation payment in 2003, his DSP was retrospectively cancelled from 1998, with a preclusion period extending until February 2018. The Applicant lodged a new claim for DSP on 7 February 2018, citing MCS and severe spinal injury as his conditions. The Administrative Appeals Tribunal was required to determine whether the Applicant's impairments attracted 20 points or more under the relevant Impairment Tables and, if so, whether he had a continuing inability to work.

The Tribunal considered whether the Applicant's MCS and spinal conditions attracted 20 points or more under the Impairment Tables, as required by section 94(1)(b) of the Social Security Act 1991 (Cth). The Respondent accepted that the Applicant's conditions were fully diagnosed, treated, and stabilised, but contended that there was insufficient corroborating evidence of their functional impact to assign any points under the Impairment Tables. The Applicant argued that his MCS caused daily incontinence, nausea, headaches, and throat closure, and that his spinal condition resulted in constant back pain and headaches, leading to a continuous inability to work 15 hours per week.

The Tribunal found that while the Applicant's MCS and spinal conditions were fully diagnosed, treated, and stabilised during the relevant period, the available evidence did not support assigning any impairment points under Tables 1, 13, 15 (for MCS), or Table 4 (for spinal condition). The Tribunal concluded that the Applicant's impairments did not attract more than 20 points under the Impairment Tables. Consequently, the decision under review, which rejected the DSP claim, was affirmed.