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

This matter concerned an application for a second review of a decision by the Secretary, Department of Social Services, to reject Mr Evans' claim for a Disability Support Pension (DSP). The dispute centred on whether Mr Evans met the eligibility criteria for the DSP at the time of his claim on 20 September 2019, or within the subsequent 13-week period. Mr Evans had listed several medical conditions, including a heart attack, shortness of breath, depression, anxiety, and back and arm pain.

The Tribunal was required to determine if Mr Evans' impairments were fully diagnosed, fully treated, and fully stabilised, and if he had accumulated 20 or more impairment points under the relevant Impairment Tables during the qualification period. The core legal issue was the assessment of Mr Evans' conditions as they stood within the 13 weeks following his claim, irrespective of any subsequent changes or deterioration.

The Tribunal applied Clause 4(1) of Schedule 2 of the Social Security (Administration) Act 1999, which dictates that a claim for a social security payment is taken to be made on the first day the person is qualified, provided they become qualified within 13 weeks of the claim date. Therefore, the assessment of Mr Evans' eligibility was confined to the period between 20 September 2019 and 20 December 2019. The Tribunal reasoned that any progression or change in his medical conditions after this period was irrelevant to the current application and would necessitate a new claim.

Ultimately, the Tribunal affirmed the decision under review, finding that Mr Evans had not met the legislative criteria for the DSP during the relevant qualification period. The Tribunal noted that this outcome did not diminish the severity of his conditions but reflected a failure to satisfy the specific legal requirements for the pension at that time. Mr Evans was advised that he could lodge a new claim with updated evidence of his current medical status.