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

This matter concerned an appeal by Mr Apostolides against a decision of the Secretary of the Department of Social Services regarding his eligibility for a Disability Support Pension (DSP). The dispute centred on whether Mr Apostolides met the criteria for a DSP during a specific assessment period, namely 2 February 2017 to 4 May 2017. The case was heard by Member I F Thompson.

The primary legal issues before the Tribunal were whether Mr Apostolides' impairments attracted a rating of 20 points or more under the relevant Impairment Tables, and consequently, whether he had a continuing inability to work. This involved determining if his conditions were fully diagnosed, treated, and stabilised, and whether he had actively participated in a program of support, as required by section 94 of the Social Security Act 1991.

The Tribunal was required to assess Mr Apostolides' impairments based on the conditions and their severity during the specified assessment period, disregarding later developments unless they illuminated the situation at that time. The Secretary accepted that Mr Apostolides had an impairment but contended that his overall rating for fully diagnosed, treated, and stabilised conditions did not reach 20 points. It was also not disputed that Mr Apostolides had not participated in a program of support. Therefore, the central question was whether his impairments, when assessed according to the Impairment Tables, met the threshold for a DSP, and if so, whether he demonstrated a continuing inability to work.