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

This matter concerned an application for review of a decision to reject a claim for a Disability Support Pension (DSP). The applicant, who was 50 years old at the time of his claim, sought DSP on the basis of a "broken back, severed tendons in right arm, neck issues/lower back, spinal fusion." His claim was initially rejected, and this decision was affirmed on review by an Authorised Review Officer. The Administrative Appeals Tribunal (AAT) was required to determine whether the previous decision was the correct or preferable one.

The legal issues before the Tribunal were whether the applicant met the cumulative qualification criteria for DSP as set out in section 94(1) of the *Social Security Act 1991* (the Act). Specifically, the Tribunal had to consider if the applicant had a physical, intellectual, or psychiatric impairment within the qualification period (section 94(1)(a)), if that impairment rated at least 20 points under the *Social Security (Tables for the Assessment of Work-related Impairment for Disability Support Pension) Determination 2011* (the Impairment Tables) (section 94(1)(b)), and if he had a continuing inability to work as defined in section 94(2) of the Act (section 94(1)(c)).

The Tribunal reasoned that the qualification criteria for DSP are cumulative, meaning all must be satisfied for a person to qualify. It noted that the assessment of an impairment rating and the assessment of a continuing inability to work are distinct but equally important. The Tribunal accepted the respondent's submission that the Job Capacity Assessment should be preferred due to the assessor's specialised knowledge and experience in identifying employment barriers. Ultimately, the Tribunal found that the applicant failed to satisfy sections 94(2)(a) and (b) of the Act, and therefore did not satisfy section 94(1)(c) during the qualification period. Consequently, the Tribunal affirmed the decision under review.