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

This matter concerned an appeal by Mr Farrugia against a decision of the Social Security Appeals Tribunal (SSAT) affirming the cancellation of his disability support pension. The Secretary of the Department of Social Services was the respondent. The appeal was heard by Mr D. J. Morris M.

The primary legal issue before the Tribunal was whether Mr Farrugia met the eligibility criteria for a disability support pension under section 94 of the relevant Act at the time his pension was cancelled. Specifically, the Tribunal considered whether Mr Farrugia satisfied the requirements of section 94(1)(b) and, if so, whether he also satisfied section 94(1)(c) concerning a continuing inability to work.

The Tribunal reasoned that section 94 of the Act sets out cumulative requirements, meaning that each part of the section must be satisfied for a person to be qualified for the benefit. As the SSAT had already found that Mr Farrugia did not satisfy section 94(1)(b) at the time of the cancellation of his pension, it was unnecessary for the Tribunal to consider the further requirement under section 94(1)(c).

The Tribunal affirmed the SSAT's original decision.