3.6.3.04 Guidelines to the rules for applying the Impairment Tables - information that must not be taken into account in applying the Tables
Summary
This topic provides guidance on Part 2 of the Social Security (Tables for the Assessment of Work-related Impairment for Disability Support Pension) Determination 2023 (the Determination), which sets out rules that are to be complied with in applying the Impairment Tables. This topic has headings emphasising significant principles, concepts and information which MUST NOT be taken into consideration when applying the Impairment Tables to assess a person’s functional impairment, which underpin provisions contained in the Determination. It also provides guidance on the concepts and practical application of the DSP eligibility criteria contained in the SSAct.
This topic does not restate the definitions contained in Part 1 of the Determination. These definitions are to be accessed directly from the Determination.
Act reference: Social Security (Tables for the Assessment of Work-related Impairment for Disability Support Pension) Determination 2023 Part 1 - Preliminary, Part 2 - Rules for applying the Impairment Tables
Self-reported symptoms
The introduction to each Table states that when assessing impairments, self-report of symptoms must be supported by corroborating medical evidence. An impairment rating must not be applied unless the person's self-reported functional impacts are consistent with and supported by the medical evidence available.
As the Impairment Tables are contained in a legal instrument (the Determination), the requirement for corroborating evidence is a legal requirement. Examples of the corroborating evidence that may be taken into account, and who can provide it, are set out in the introduction to each Table.
There are some self-reported symptoms for which objective medical measurement is difficult or impossible, such as pain, tinnitus, or hallucinations. In such cases, an appropriately qualified treating health professional will consider the self-reported symptoms in the context of objective findings from examination and investigations where necessary, and review this against accepted diagnostic criteria and the scientifically documented course of the underling disease, to determine the veracity of the self-reported symptoms.
For example, an appropriately qualified medical practitioner diagnoses fibromyalgia in someone with a history of chronic widespread pain, when they meet the appropriate diagnostic criteria and other conditions have been excluded.
Policy reference: SS Guide 3.6.3.03 Guidelines to the rules for applying the Impairment Tables - information that must be taken into account in applying the Tables
Non-medical factors
The Tables describe functional activities, abilities, symptoms and limitations against which a person’s work-related impairments are to be assessed in order for an impairment rating to be assigned.
For this reason, unless specifically required under the Impairment Tables, the impact of non-medical factors are not to be taken into account when assigning an impairment rating.
Note 1: There may be medical or other compelling and acceptable reasons for not proceeding with reasonable treatment, including where a person has religious or recognised cultural beliefs prohibiting treatment. See 3.6.3.02 Guidelines to the rules for applying the Impairment Tables - applying the Tables.
Note 2: When considering a person’s religious or cultural affiliations, factors that are not directly relevant to a person’s diagnosis or treatment must not be taken into account.
Example: A non-English speaking person who is fluent in another language and does not have a condition affecting their communication function should not receive a rating under Table 8 - Communication Function just because they have difficulties communicating in English. Table 8 measures impacts on communication in the person’s main language, the language that the person most commonly uses.
Example: Medical factors are not to be disregarded where they impact on function. For example, a person who is poorly motivated for work may have a medical basis to their lack of motivation, where it is an effect of an underlying condition, such as depression. However, if the lack of motivation was not due to a condition, it should be disregarded.
If a specific Table does not include considerations of non-medical factors, then such factors must be disregarded, that is, an impairment rating must not be influenced or adjusted because of these factors. Unless specified by a Table, the following must NOT be taken into account in assessing impairment:
- the availability of suitable work in the person's local community
- English language proficiency
- age
- gender
- level of education
- literacy and numeracy skills
- work skills and experience
- social or domestic situation
- level of motivation not associated with a condition.
Act reference: Social Security (Tables for the Assessment of Work-related Impairment for Disability Support Pension) Determination 2023 section 10 Information that must not be taken into account in applying the Tables, Table 1 - Functions requiring Physical Exertion and Stamina, Table 8 - Communication Function
Policy reference: SS Guide 3.6.3.02 Guidelines to the rules for applying the Impairment Tables - applying the Tables, 3.6.3.03 Guidelines to the rules for applying the Impairment Tables - information that must be taken into account in applying the Tables, 3.6.3.80 Guidelines to Table 8 - Communication Function