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For the purposes of CA, 'physical, intellectual or psychiatric disability' has been broadly defined as the abnormal functioning of an organ or body system and includes mental illness and cognitive impairments.
The following table lists AAT decisions that may be helpful in deciding cases which are not clear.
|
Principle |
Decision |
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A person does not have to display symptoms in order to have a disability. |
Bryer (1987). The child suffered from a recognised condition but displayed no visible signs. |
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A person has a disability where there are symptoms and a recognisable impairment, even though the exact nature or cause of the disability is unknown. |
- Miller (1986), - Bonnick (1988), and - Pryor (1988). |
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A learning disability is considered to be an intellectual disability. |
Trainer (1992). Learning disabilities are considered to be an intellectual disability. |
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The severity of a condition is not a qualifying factor in establishing that the disability exists. |
Bodney (1986).The severity of the condition should not be used to establish its existence. |
Act reference: SSAct section 952 Carer allowance definitions, section 197 Definitions, see disabled adult
Policy reference: SS Guide 1.1.C.144 Child with a disability (CA), 1.1.P.230 Permanently or for an extended period (CP, CA)
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Last reviewed: 9 February 2012
