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

This matter concerned an appeal by Mrs Williams against a decision by the Department of Social Services to cancel her Disability Support Pension (DSP). Mrs Williams had been receiving DSP since 1997 due to a musculoskeletal impairment. The Department reviewed her eligibility following the introduction of the Social Security (Tables for the Assessment of Work-related Impairment for Disability Support Pension) Determination 2011. The Department ultimately cancelled her DSP on 17 May 2016, finding she was no longer medically qualified. This decision was affirmed by an Authorised Review Officer and subsequently by the Social Services and Child Support Division of the Tribunal. Mrs Williams sought a further review by the General Division of the Tribunal.

The primary legal issue before the Tribunal was whether Mrs Williams qualified for DSP on 17 May 2016, the date her pension was cancelled. This required the Tribunal to assess whether her impairments met the criteria set out in the relevant legislation and the 2011 Determination, particularly concerning whether her impairments were fully treated and stabilised, and to consider the application of transitional provisions for individuals who had been in receipt of DSP prior to 10 May 2005.

The Tribunal found that Mrs Williams satisfied section 94(b) of the Act. In applying the applicable transitional provisions for persons who were in receipt of DSP before 10 May 2005, the Tribunal determined that Mrs Williams fulfilled the necessary qualifications for DSP. Consequently, the Tribunal set aside the previous decision and substituted a new decision finding that Mrs Williams was qualified for DSP on 17 May 2016.