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

This matter concerned an appeal by Mr De Bartolo against a decision of the Social Services and Child Support Division of the Administrative Appeals Tribunal (the Tribunal) which affirmed the Secretary of the Department of Social Services' decision that Mr De Bartolo was not eligible for Disability Support Pension (DSP) in relation to his claim made on 18 January 2018. The appeal was heard by D. J. Morris SM.

The central legal issue before the Tribunal was whether Mr De Bartolo met the eligibility criteria for DSP as at 18 January 2018, notwithstanding that he had since become eligible for and transferred to the age pension. The Tribunal was required to determine if the earlier decision regarding his eligibility for DSP was correct.

The Tribunal noted Mr De Bartolo's evidence that he had reached the age of entitlement for the age pension and transferred to it on 16 May 2020. It was also noted that the rate of age pension matched that of DSP. However, the Tribunal affirmed the earlier decision of the Social Services and Child Support Division dated 29 August 2019, finding that the decision that the Applicant was not eligible for DSP in relation to his 18 January 2018 claim was correct.