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

This matter concerned an application by Ms Azzopardi for an extension of time to seek a review of a decision by the Social Services and Child Support Division (SSCSD) which had affirmed an earlier decision rejecting her claim for a disability support pension. The application to the Tribunal was made more than 18 months after the relevant claim period.

The primary legal issue before the Tribunal was whether it was reasonable in all the circumstances to grant an extension of time for Ms Azzopardi to lodge her application for review. This required consideration of the reasons for the delay, the prospects of success of the substantive application, and any prejudice to the respondent.

The Tribunal considered the medical evidence provided, which included a letter from Ms Azzopardi's general practitioner dated 16 February 2019. However, the Tribunal noted that no medical evidence was presented that documented Ms Azzopardi’s impairments and their functional impact during the original claim period. The SSCSD had previously found insufficient evidence to conclude that Ms Azzopardi's diagnosed conditions, including a lower limb condition, skin condition, and asthma, were permanent during that period. Based on the limited medical evidence before it, the Tribunal was not satisfied that the substantive application had merit, and therefore concluded that it was not reasonable to grant the extension of time.

The application for an extension of time was refused.