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

This matter concerned an application for a second review of a decision by the Secretary of the Department of Social Services regarding the applicant's eligibility for a disability support pension. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant met the legislative requirements for this pension.

The primary legal issues before the Tribunal were whether the applicant possessed a physical, intellectual, or psychiatric impairment, and if so, whether this impairment was fully diagnosed, treated, and stabilised, attracting a rating of at least 20 points under the relevant Impairment Tables. Additionally, the Tribunal had to consider whether the applicant had a continuing inability to work, as stipulated by the Social Security Act 1991 (Cth).

The Tribunal's reasoning centred on the conjunctive nature of the eligibility criteria under section 94(1) of the Social Security Act 1991. This means an applicant must satisfy all sub-sections to qualify for the pension. In this instance, the AAT affirmed a previous decision that found the applicant's back condition, assessed under Impairment Table 4 – Spinal Function, resulted in an impairment rating of only 10 points. Consequently, the applicant did not meet the threshold of 20 points required by the Impairment Tables, nor was there evidence to suggest they met the other criteria for a disability support pension.