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

This matter concerned an appeal by the applicant, Mr Hassan, against the Secretary of the Department of Social Services' decision to cancel his Disability Support Pension (DSP). The applicant suffered from a range of medical conditions, including a severe lower left leg condition, diabetes, a liver condition, obstructive sleep apnoea, right tennis elbow, right shoulder and neck pain, and depression. The central dispute revolved around whether the applicant's impairments met the threshold for receiving a DSP, specifically whether they attracted 20 points or more on the Impairment Tables as required by section 94(1)(b) of the relevant legislation.

The court was required to determine if the applicant's medical conditions, particularly his lower left leg condition and his right arm and neck pain, resulted in a functional impairment that qualified him for a DSP. This involved assessing whether these conditions were fully diagnosed, treated, and stabilised, and whether they were likely to persist for a significant period, thereby attracting the necessary points under the Impairment Tables. The court also considered the applicant's other conditions, including his liver condition and obstructive sleep apnoea, to ascertain if they contributed to any functional impairment at the time of the cancellation.

The court found that while the applicant's liver condition and obstructive sleep apnoea were diagnosed, treated, and stabilised, they did not result in significant functional impairment and therefore attracted a rating of 0 on the Impairment Tables. However, the applicant's lower left leg condition was determined to be fully diagnosed, treated, stabilised, and likely to persist for more than two years, qualifying it for 20 points on the Impairment Tables. Coupled with the finding that the applicant had a continuing inability to work, the court was satisfied that he was qualified for the DSP on 13 August 2018. Consequently, the decision to cancel the applicant's DSP was set aside, and it was determined that he was qualified for the DSP from that date.