Chilton and Secretary, Department of Social Services (second review) [2020] AATA 130

Tribunal: Member A Burke

The AAT reviewed a decision made by the Secretary of the Department of Social Services refusing to grant the applicant a Disability Support Pension (DSP). The AAT set aside the decision and remitted the matter for reconsideration.

To qualify for the payment of DSP the AAT must be satisfied that:

• the applicant has a physical, intellectual or psychiatric impairment
• the impairment(s) attract 20 points or more under the impairment tables
• the applicant has a continuing inability to work[1].

Both the Secretary of the Department of Social Services (the Department) and the AAT agreed the applicant suffered from the conditions she claimed, including musculoskeletal issues, but did not agree on the severity.

The AAT had to establish whether the applicant’s impairments attracted 20 points or more under the impairment tables.

The impairment tables are designed to determine the level of impact impairments have on people who are claiming the DSP[2]. An impairment rating can only be given to an applicant’s impairment(s) if they are permanent[3]. To be permanent, the impairment must be fully treated and fully stabilised, among other things[4]. The word ‘stabilised’ means that treating it further would not improve the applicant’s ability to function to the point where the applicant could work[5].

Having regards to the medical information before it, the AAT was satisfied that, at the date of application, the applicant was qualified to receive the DSP as their impairment attracted 40 impairment points under the Impairment Tables, with a severe functional impact from her spinal condition.

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