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

This matter concerned an appeal by Ms Darwiche against a decision by the Secretary of the Department of Social Services affirming a decision that she did not qualify for a disability support pension. Ms Darwiche had two identified impairments: a right lower limb condition and a mental health condition. The primary issue before the Tribunal was whether these impairments met the criteria for qualification for a disability support pension under the Social Security Act.

The Tribunal was required to determine two key legal issues. First, whether Ms Darwiche's impairments were fully diagnosed, treated, and stabilised during the relevant claim period. If this criterion was met for at least one impairment, the second issue was to assess whether Ms Darwiche had a continuing inability to work, which would necessitate an assessment of at least 20 points under the relevant Impairment Tables.

The Tribunal found that Ms Darwiche's right lower limb condition, resulting from a gunshot wound, was fully diagnosed, treated, and stabilised during the claim period, with permanent symptoms related to nerve damage and chondral damage. However, her mental health condition was not diagnosed, treated, or stabilised during this period. Consequently, Ms Darwiche was assessed as having only 5 points under the Impairment Tables for her lower limb condition, which did not meet the threshold of 20 points required to establish a continuing inability to work.

As Ms Darwiche failed to meet the necessary criteria under paragraph 94(1)(b) of the Social Security Act, she did not qualify for a disability support pension. The Tribunal affirmed the decision under review.