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

This matter concerned an appeal by Mr Gardner against a decision of the Secretary, Department of Social Services, which affirmed an earlier decision that Mr Gardner was not qualified for a Disability Support Pension (DSP). The appeal was heard by Mr D. J. Morris, Member, of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether Mr Gardner qualified for a DSP on the date he lodged his claim, or within the thirteen-week period immediately following that date, as prescribed by the relevant social security legislation. This required an assessment of Mr Gardner's medical condition and its impact on his capacity to work.

The Tribunal found that Mr Gardner did not meet the eligibility criteria for a DSP on the date of his claim. Furthermore, the Tribunal determined that he did not subsequently become qualified within the thirteen-week period following his claim. Consequently, the Tribunal affirmed the decision under review.