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

This matter concerned an appeal by Hamza against a decision by the Secretary of the Department of Social Services affirming a decision that he did not qualify for a Disability Support Pension. The dispute centred on whether Hamza's impairments, arising from a work-related knee injury in 2015 which subsequently caused back conditions and difficulties with walking and standing, met the threshold of twenty points or more under the relevant Impairment Tables.

The core legal issue before the Tribunal was to determine whether Hamza's physical impairments, specifically his knee, spinal, and osteoarthritis conditions, were both fully treated and stabilised during the relevant qualifying period. The Secretary argued that despite the conditions being diagnosed, they had not reached a state of full treatment or stabilisation, relying on medical reports indicating the need for further assessment, remedial therapies, and the potential for improvement.

The Tribunal considered evidence that suggested ongoing investigations into treatment options, including recommendations for surgery, stem cell therapy, and injections, as well as participation in exercise programs and physiotherapy. The Tribunal noted that evidence adduced after the qualifying period could only be used if it illuminated the applicant's condition during that period. The Secretary contended that the applicant's continued exploration of various treatment and management options indicated that his conditions were not stabilised. The Tribunal affirmed the decision under review, noting that Hamza was at liberty to make a further claim should his conditions significantly change and become fully stabilised and treated.