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

This matter concerned an appeal by Mr Al Khudairy against a decision by the Secretary, Department of Social Services, regarding his claim for Disability Support Pension (DSP). The appeal was heard by Mr D. J. Morris, a Member of the Tribunal. The central dispute revolved around whether Mr Al Khudairy met the eligibility criteria for DSP, particularly in light of the provisions of clause 4(1) of Schedule 2 of the *Social Security (Administration) Act 1999* (the Administration Act).

The legal issues before the Tribunal were twofold: firstly, whether Mr Al Khudairy was eligible for DSP on the date he lodged his claim, 6 July 2015; and secondly, if he was not eligible on that date, whether he became eligible within the thirteen-week period following his claim, which concluded on 5 October 2015, as provided by clause 4(1) of Schedule 2 of the Administration Act. This period was referred to as the 'relevant period'.

The Tribunal considered the medical evidence presented, which indicated Mr Al Khudairy had diagnoses of major depression, post-traumatic stress disorder, phobia, a knee injury requiring reconstruction, and lumbar disc degeneration. The Respondent accepted several of these conditions. The Tribunal found that Mr Al Khudairy did have impairments, including a back condition, a knee condition, a mental health condition, and hypercholesterolemia, satisfying section 94(1)(a) of the Act within the relevant period. However, the Tribunal determined that Mr Al Khudairy did not satisfy all parts of section 94(1) of the Act during the relevant period. Consequently, his claim for DSP failed, and the original decision was affirmed.