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

This matter concerned an appeal by Mr. Askandr against the Secretary of the Department of Social Services' decision to cancel his Disability Support Pension (DSP). The cancellation was based on a review of his eligibility, with the relevant date for assessment being 3 June 2015. Mr. Askandr had been in receipt of the DSP since 21 October 2003.

The Tribunal was required to determine whether Mr. Askandr qualified for the DSP on 3 June 2015. This involved assessing whether he met the criteria under section 94(1) of the Social Security Act 1991, specifically whether he had a physical, psychological, or mental impairment that attracted a rating of 20 or more points under the Impairment Tables, and whether he had a continuing inability to work for at least 30 hours per week.

The Tribunal found that while Mr. Askandr had several medical conditions, including asthma, oesophagitis, hypertension, and TMJ dysfunction, these did not attract sufficient points under the applicable Impairment Tables. The Tribunal concluded that Mr. Askandr was correctly allocated a total of 10 points, which did not meet the threshold of 20 points required by section 94(1)(b) of the Act. Consequently, the Tribunal determined that Mr. Askandr was not qualified for the DSP on the relevant date. As all three sub-parts of section 94(1) must be satisfied, it was not necessary to consider his continuing inability to work. The Tribunal affirmed the reviewable decision.