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

This matter concerned an application by Mr Abdelmalek for a disability support pension (DSP) against the Secretary of the Department of Social Services. The dispute centred on whether Mr Abdelmalek met the eligibility criteria for a DSP, specifically concerning his physical and psychological impairments. The decision was made by Mr S Evans, a Member of the Tribunal.

The primary legal issue before the Tribunal was whether Mr Abdelmalek's impairments, both physical and psychological, were fully diagnosed, treated, or stabilised, and whether these impairments attracted a minimum of 20 points under the relevant impairment tables as required by section 94 of the *Social Security Act 1991* (Cth). The Tribunal was also required to consider, if the point threshold was met, whether Mr Abdelmalek had a continuing inability to work.

The Tribunal found that while Mr Abdelmalek did have a physical impairment as defined by the Act during the relevant period, it did not attract the requisite 20 points under the impairment tables. Consequently, the Tribunal determined it was unnecessary to consider the further criterion of a continuing inability to work.

As Mr Abdelmalek failed to meet the threshold requirement of 20 points under the impairment tables, the Tribunal concluded that he did not qualify for a DSP under section 94(1) of the *Social Security Act 1991*. Accordingly, the decision under review was affirmed.