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

The Administrative Appeals Tribunal (AAT) considered the cancellation of a Disability Support Pension (DSP) granted to the applicant, Mr. Wos. The Secretary of the Department of Social Services had cancelled the pension, and Mr. Wos sought a review of this decision. The core of the dispute concerned whether Mr. Wos met the criteria for receiving a DSP at the time of the cancellation.

The Tribunal was required to determine two primary legal issues. Firstly, whether Mr. Wos had conditions that were fully diagnosed, treated, and stabilised at the time the DSP was cancelled. Secondly, the Tribunal had to assess whether Mr. Wos’s impairments, if any, could be rated at 20 points or more under the relevant Impairment Tables, as stipulated by the legislation governing DSP eligibility.

In reaching its decision, the Tribunal applied the provisions of section 94 of the relevant social security legislation. The Tribunal found that the evidence presented did not establish that Mr. Wos’s conditions were fully diagnosed, treated, and stabilised at the relevant time. Furthermore, the assessment of his impairments did not yield a rating of 20 points or more under the Impairment Tables. Consequently, the Tribunal concluded that Mr. Wos did not meet the legislative criteria for receiving a DSP. The decision under review, which affirmed the cancellation of the DSP, was therefore upheld.