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

This matter concerned an application for mobility allowance by Broadstock against the Secretary, Department of Social Services. The dispute centred on whether the applicant met the eligibility criteria for the allowance during a specific period. The decision was made by Mrs J C Kelly, Senior Member, of the Administrative Appeals Tribunal.

The Tribunal was required to determine two primary legal issues. Firstly, whether the applicant was unable to use public transport without substantial assistance permanently or for an extended period due to his medical condition during the qualification period. Secondly, the Tribunal had to ascertain whether the applicant was undertaking a qualifying activity for mobility allowance purposes during that same period, specifically in relation to job search activities.

The Senior Member found that the applicant did qualify for the mobility allowance. This conclusion was based on the satisfaction that the applicant met the criteria for the allowance during the period from 27 April 2022, when he applied, until 10 May 2022, when he was exited from the Disability Employment Services (DES) programme. The reviewable decision was therefore set aside and substituted with a decision that the applicant qualified for mobility allowance for that defined period.