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

This matter concerned an application by Ms Armanious for review of a decision affirming the rejection of her claim for a Disability Support Pension (DSP). Ms Armanious had claimed the DSP based on a range of conditions including back pain, joint pain, ankylosing spondylitis, sciatica, GORD, migraine, irritable bowel, prolapsed uterus, anxiety, and depression. The primary issue for the Tribunal was to determine whether Ms Armanious was qualified to receive the DSP as at 3 December 2019, or within the 13 weeks following that date.

The Tribunal was required to assess Ms Armanious' eligibility for the DSP based on her conditions as they existed during the qualification period, which ran from 3 December 2019 to 3 March 2020. This assessment was to be made by reference to the criteria set out in the Social Security Act 1991, specifically whether she had a physical, intellectual, or psychiatric impairment that attracted 20 points or more under the Impairment Tables, and whether she had a continuing inability to work. Medical reports prepared after the qualification period were only relevant to the extent that they referred to her condition during that period.

The Tribunal found that Ms Armanious' primary condition of chronic back and joint pain, with associated ankylosing spondylitis, was not fully treated and stabilised before the end of the qualification period, as she had been referred for pain management treatment but had not yet received it. Her prolapsed uterus condition had been resolved, and her other conditions were not considered permanent. Consequently, Ms Armanious' conditions did not attract the requisite 20 points under the Impairment Tables during the relevant qualification period.

Accordingly, the Tribunal affirmed the decision under review, finding that Ms Armanious had not met the legislative criteria for the DSP during the qualification period. The Tribunal noted that Ms Armanious was able to make a new claim for the DSP at any time, supported by contemporaneous evidence of her conditions and treatment.