El-Behidi and Secretary, Department of Social Services (Social services second review)

The Administrative Appeals Tribunal (AAT) considered the case of Mr El-Behidi and the Secretary, Department of Social Services, concerning Mr El-Behidi's application for a Disability Support Pension (DSP). The central dispute revolved around whether Mr El-Behidi's medical conditions were fully diagnosed, treated, and stabilised during the qualification period for the DSP, and whether these conditions resulted in an impairment rating of 20 points or more under the relevant Impairment Tables.

The Tribunal was required to determine the applicant's medical condition as it existed during the qualification period for the DSP, irrespective of subsequent developments. This involved assessing whether his spinal condition, along with other diagnosed ailments such as severe anxiety and depression, met the criteria for a DSP, specifically focusing on the stability and functional impact of these conditions at the time of his claim. The Tribunal also had to consider the evidence of treatment and its efficacy, both during and after the assessment period, in light of established legal principles.

The Tribunal applied the principle that its assessment must be confined to the state of affairs during the qualification period, with evidence arising after that period being relevant only insofar as it illuminates the conditions at that earlier time. It was noted that subsequent progression of an illness or injury cannot be used to directly award a DSP if the condition has changed since the original application. The Tribunal also clarified that the forward-looking nature of the legislation requires consideration of the likely effect of treatment at the time of the claim and in the subsequent 13 weeks, rather than relying on hindsight regarding the ultimate efficacy of treatment.

Ultimately, the Tribunal was satisfied that Mr El-Behidi had a continuing inability to work as defined by the Social Security Act 1991. Consequently, the Tribunal set aside the decision under review and determined that Mr El-Behidi qualified for the Disability Support Pension from 27 September 2019.