Medical qualification for DSP is provided for in section 94 of the Social Security Act 1991 (the Act). It requires, among other matters, that a person have a physical, intellectual or psychiatric impairment, and that the person's impairment is of 20 points or more under the impairment tables: paragraphs 94(1)(a) and (b) of the Act.
It is settled that it is in the 13-week period from the date of claim that medical evidence must establish the entitlement to DSP: Gallacher v SDSS [2015] FCA 1123 and sections 41 and 42 and Schedule 2 to the Social Security (Administration) Act 1999. Evidence of subsequent changes to health and functional capacity is irrelevant. Later medical evidence that comes into existence outside that period may still be relevant if it casts light on the condition during the 13-week qualification period.
In Mr GGMB's case, the qualification period can therefore be seen to be 3 May 2023 to 2 August 2023.

For the reasons set out above, I assign a total of 15 impairment points to Mr GGMB's medical conditions.
It is an essential criterion for qualification for DSP that a person's impairment is of 20 points or more under the Impairment Tables: paragraph 94(1)(b) of the Act.
For the reasons set out above, while I accept Mr GGMB has a number of medical conditions impacting on his health, there are insufficient impairment points to qualify during that relevant period. In these circumstances, it is not necessary to consider whether during the qualification period Mr GGMB had a continuing inability to work within the meaning of paragraph 94(1)(c) of the Act.

Security (Administration) Act 1999

Review Tribunal (Consequential and Transitional Provisions No. [1) Act 2024

GGMB and Secretary, Department of Social Services (Social security second review) [2026] ARTA 286 (2 March 2026)

Medical qualification for DSP is provided for in section 94 of the Social Security Act 1991 (the Act). It requires, among other matters, that a person have a physical, intellectual or psychiatric impairment, and that the person's impairment is of 20 points or more under the impairment tables: paragraphs 94(1)(a) and (b) of the Act.
It is settled that it is in the 13-week period from the date of claim that medical evidence must establish the entitlement to DSP: Gallacher v SDSS [2015] FCA 1123 and sections 41 and 42 and Schedule 2 to the Social Security (Administration) Act 1999. Evidence of subsequent changes to health and functional capacity is irrelevant. Later medical evidence that comes into existence outside that period may still be relevant if it casts light on the condition during the 13-week qualification period.
In Mr GGMB's case, the qualification period can therefore be seen to be 3 May 2023 to 2 August 2023.

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