Hayles and Secretary, Department of Social Services (Social Services second review)

The Administrative Appeals Tribunal considered the appeal of an applicant, Hayles, against a decision by the Secretary of the Department of Social Services concerning the applicant's eligibility for a Disability Support Pension (DSP). The core of the dispute revolved around whether the applicant's medical conditions met the criteria for a DSP, specifically whether these conditions were fully diagnosed, fully treated, and fully stabilised, and whether they resulted in a sufficient level of impairment as measured by the Impairment Tables.

The Tribunal was required to determine two primary legal issues. Firstly, whether the applicant's chronic headaches and sinusitis condition was fully diagnosed, fully treated, and fully stabilised during the relevant period, and if so, what level of impairment, if any, could be assigned under Table 1 of the Impairment Tables. Secondly, the Tribunal had to assess whether the applicant's other medical conditions, including sensorineural hearing loss, depression, and epilepsy, could be considered permanent for the purposes of assigning impairment ratings, and consequently, whether the applicant achieved the required 20 impairment points under the Impairment Tables to satisfy the requirements of section 94(1)(b) of the relevant Act.

In reaching its decision, the Tribunal found, based on the evidence presented, that the applicant's chronic headaches and sinusitis condition was indeed fully diagnosed, fully treated, and fully stabilised during the relevant period, assigning 10 impairment points to this condition. However, the Tribunal concluded that the applicant's sensorineural hearing loss, depression, epilepsy, and other conditions could not be considered permanent for the purposes of the Impairment Tables. Consequently, the Tribunal determined that the applicant did not meet the threshold of 20 impairment points. Accordingly, the Tribunal affirmed the decision under review.