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

This matter concerned an appeal by Mr Havet against the Secretary of the Department of Social Services regarding his application for a Disability Support Pension. The dispute centred on whether Mr Havet's various medical conditions, including a traumatic brain injury, blepharitis, high blood pressure, haemochromatosis, liver problems, and ischaemic heart disease, met the criteria for being fully diagnosed, fully treated, and fully stabilised during the relevant qualification period.

The Tribunal was required to determine if each of Mr Havet's claimed conditions satisfied the statutory requirements of being fully diagnosed, fully treated, and fully stabilised before any assessment of impairment points could be undertaken. Specifically, the Tribunal had to consider the evidence presented for each condition, including medical reports and specialist opinions, to ascertain whether further treatment was ongoing, recommended, or necessary, and whether there was potential for improvement within a two-year timeframe.

The Tribunal reasoned that each condition must be assessed individually against the definitions of fully diagnosed, fully treated, and fully stabilised. While the Secretary accepted that Mr Havet's traumatic brain injury was fully diagnosed, a dispute arose regarding whether it was fully treated and stabilised. The Tribunal noted conflicting medical opinions on this point, with some reports suggesting ongoing treatment and potential for improvement, while others indicated the condition was stabilised. Ultimately, the Tribunal found that Mr Havet's appeal failed, and the original decision to refuse the Disability Support Pension was affirmed.