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

This matter concerned an appeal by Mr Zepnick against a decision by the Secretary, Department of Social Services, to refuse his claim for Disability Support Pension (DSP). Mr Zepnick, who suffers from chronic fatigue syndrome (CFS) and obstructive sleep apnoea, argued that his conditions rendered him unable to work for at least 15 hours per week. The Tribunal was required to determine whether Mr Zepnick met the eligibility criteria for DSP, specifically whether he had a sufficient impairment rating.

The legal issues before the Tribunal were whether Mr Zepnick's diagnosed conditions of CFS and sleep apnoea met the requirements of section 94(1)(a) of the relevant Act, and if so, whether these conditions resulted in an impairment rating of 20 points or more as required by section 94(1)(b). The Tribunal considered medical reports from treating general practitioners and specialists, as well as job capacity assessments and a TPD assessment report. Evidence was also presented regarding Mr Zepnick's income and his involvement in medieval re-enactment activities, which he hoped to develop into a business.

The Tribunal found that Mr Zepnick did have diagnosed conditions of CFS and sleep apnoea, satisfying section 94(1)(a). However, based on his evidence of being able to perform significant household tasks and personal care, and applying Table 1 of the Impairment Tables, the Tribunal assessed his impairment rating as 10 points. This rating was considered to represent a moderate functional impact on activities requiring physical exertion or stamina, but it did not meet the threshold of 20 points required for DSP eligibility. The Tribunal also noted concerns about Mr Zepnick receiving Newstart Allowance while also receiving income protection payments, and the potential for sedentary work in his hobby business, which had not been formally assessed. Consequently, the Tribunal set aside the decision under review, finding that Mr Zepnick did not satisfy the eligibility criteria for DSP.