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

This matter concerned an appeal by the applicant against decisions of the Secretary, Department of Social Services, affirming the rejection of his claims for a Disability Support Pension. The dispute centred on whether the applicant met the criteria for the pension, specifically concerning the assessment of impairment ratings under the relevant Impairment Tables of the *Social Security Act 1991* (Cth). The case was heard by R Maguire M.

The primary legal issue before the Tribunal was to determine whether the applicant had provided sufficient corroborating evidence to support an impairment rating under various Impairment Tables for his Multiple Chemical Sensitivity (MCS) condition and spinal condition. The respondent contended that for the MCS condition, Tables 13 (Continence Function) and 15 (Functions of Consciousness) were relevant, and for the spinal condition, Table 4 (Spinal Function) was pertinent. In each instance, the respondent argued that insufficient corroborating evidence existed to assign an impairment rating.

The Tribunal considered the submissions and evidence presented, noting that the respondent accepted that the applicant's MCS and spinal conditions were diagnosed, treated, and stabilised during the qualification periods, satisfying paragraph 94(1)(a) of the Act. However, the Tribunal found itself in concurrence with the submission that there was insufficient corroborating evidence referable to the qualification periods to allow for the assignment of ratings under the relevant Tables. Consequently, the Tribunal assigned 0 points in respect of each relevant Table, rendering it unnecessary to consider section 94(1)(c)(i) of the Act. The Tribunal affirmed the decisions under review.