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

This matter concerned an appeal by Ms Davis against the cancellation of her Disability Support Pension (DSP) by the Secretary, Department of Social Services. The appeal was heard by Ms A F Cunningham, Senior Member, of the Tribunal.

The primary legal issue before the Tribunal was whether Ms Davis's impairments attracted the requisite 20 points under the Impairment Tables, a mandatory requirement for receiving a DSP. This involved determining the permanency and functional impact of her diagnosed medical conditions, specifically breast cancer, a spinal condition, and depression, as at the date of the cancellation decision. The Tribunal also considered whether Ms Davis met the criteria for a "current incapacity for work" (CITW) under the relevant legislation, noting that transitional provisions meant the pre-2005 definition of work (30 hours per week) applied to her.

The Tribunal found that Ms Davis satisfied the CITW provisions, being unable to work 30 hours per week. However, regarding the Impairment Tables, the Tribunal accepted that her breast cancer and spinal condition were permanent, fully diagnosed, treated, and stabilised. The spinal condition was assessed as attracting a 5-point impairment rating. While Ms Davis suffered from depression, the Tribunal found it could not be considered permanent for the purposes of attracting an impairment rating under Table 5 (Mental Health Function) as she had not commenced specialist treatment. Considering the functional impacts of her breast cancer and spinal condition, the Tribunal determined that these, along with her ability to perform certain fine motor tasks, attracted a further 5-point impairment rating under Table 2 (Upper Limb Function). This resulted in a total of 10 impairment points, which was less than the 20 points required by legislation.

Consequently, the Tribunal affirmed the decision under review, meaning the cancellation of Ms Davis's Disability Support Pension was upheld.