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

This matter concerned an appeal by the Secretary, Department of Social Services, against a decision to grant a disability support pension to the respondent. The core dispute revolved around whether the respondent's mental health and drug dependence conditions were fully treated and stabilised during the relevant claim period, a prerequisite for receiving the pension. The appeal was heard by Deputy Britten-Jones P.

The legal issues before the court were whether the respondent's mental health conditions and drug dependence were fully treated and stabilised during the claim period. Specifically, the court had to determine if the respondent had exhausted all reasonable treatment options available for his mental health conditions, particularly in light of his significant cannabis use.

The court considered expert evidence regarding the impact of cannabis use on mental health and treatment efficacy. Professor White opined that while cannabis might not worsen depression, it could exacerbate paranoia and potentially impair treatment for conditions like borderline personality disorder. Dr. Ewer provided expert testimony that the respondent's cannabis use would interfere with the treatment of his psychiatric disorders, and that these disorders would likely improve if the cannabis use disorder was addressed. The court found that the respondent was a heavy user of cannabis during the claim period, consuming at least 2 grams per day. This level of use was considered to be a substance dependence that would disrupt the treatment of his mental health conditions. Consequently, the court concluded that the respondent had not exhausted reasonable treatment options, as addressing his cannabis dependence was a necessary step for the stabilisation of his mental health. The decision under review was set aside, and the court substituted a decision that the respondent did not qualify for a Disability Support Pension during the claim period.