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

The applicant, Zych, sought review of a decision by the Secretary of the Department of Social Services concerning their eligibility for a disability support pension. The dispute centred on whether the applicant possessed an impairment rating of at least 20 points under the relevant Impairment Tables, as required for qualification. The matter was heard by Emeritus Professor P A Fairall, Senior Member, of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was to determine whether the applicant's claimed functional impairments, arising from both physical and mental health conditions, met the threshold for a disability support pension under subsection 94(1) of the relevant Act. This required an assessment of whether the applicant's conditions resulted in an impairment rating of 20 points or more when evaluated against the established Impairment Tables.

The Senior Member concluded that the applicant did not satisfy the requirements stipulated in subsection 94(1) of the Act. Consequently, the Tribunal affirmed the decision of the Social Services and Child Support Division of the Administrative Appeals Tribunal made on 11 November 2022.