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

This matter concerned an appeal by Mr Gibson against a decision of the Secretary of the Department of Social Services affirming a decision that he did not qualify for a disability support pension. The appeal was heard by Dr L Bygrave, a Member of the Tribunal.

The central legal issue before the Tribunal was whether Mr Gibson’s various medical conditions, including a spinal condition, a lower limb condition, hearing loss, and diabetes, resulted in impairments that were rated at 20 points or more under the relevant Impairment Tables, as required for eligibility for a disability support pension.

The Tribunal Member found that Mr Gibson did not meet the threshold for a disability support pension during the relevant claim period. Consequently, it was not necessary for the Tribunal to consider the separate issue of whether Mr Gibson had a continuing inability to work. The decision under review was therefore affirmed.