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

This matter concerned an appeal by Ms Xie against a decision of the Secretary of the Department of Social Services regarding her eligibility for a disability support pension. The Administrative Appeals Tribunal was tasked with reviewing the Secretary's decision.

The primary legal issue before the Tribunal was whether Ms Xie's impairments met the criteria for a disability support pension under the relevant social security legislation. This involved determining whether her impairments were physical, intellectual, or psychiatric, and whether they amounted to 20 points or more under the assessment tables. A further consideration was whether she had a continuing inability to work.

The Tribunal found that Ms Xie's conditions were not considered permanent under the Act. Consequently, it was not necessary for the Tribunal to assess whether she had a continuing inability to work during the qualification period. The Tribunal affirmed the decision under review.