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

This matter concerned an appeal by the applicant against a decision to refuse his claim for a Disability Support Pension (DSP). The applicant listed several medical conditions, including Asperger's syndrome, panic disorder and anxiety/major depression, degenerative spinal disease, atrial fibrillation, hypertension, sleep apnoea, and pulmonary obstructive disease. An initial assessment concluded that none of the applicant's conditions attracted any points under the Impairment Tables, leading to a rejection of his claim. Subsequent reviews affirmed this decision, with an Authorised Review Officer finding that while some conditions were permanent, they attracted zero points, and others were not considered fully diagnosed, treated, and stabilised.

The Administrative Appeals Tribunal was required to determine whether the applicant was entitled to a DSP, specifically whether his medical conditions were fully diagnosed, fully treated, and fully stabilised, and whether he accumulated 20 or more points under the relevant Impairment Tables during the period between 8 May 2017 and 8 August 2017. The Tribunal's assessment was confined to this "Relevant Period," meaning it could only consider the diagnosis, treatment progress, and impact of the conditions as they existed during that specific timeframe.

The Tribunal reasoned that while the applicant's back condition was fully diagnosed, it was not fully treated and stabilised during the Relevant Period, thus precluding the assignment of impairment points. Similarly, his depression and anxiety conditions were found not to be fully diagnosed, treated, and stabilised within that period. The applicant's Autism Spectrum Disorder was also deemed not fully diagnosed, treated, and stabilised. Conversely, his heart, hypertension, and diabetes conditions were considered fully diagnosed, treated, and stabilised, but were assigned zero points under Table 1 of the Impairment Tables. His morbid obesity and obstructive sleep apnoea were fully diagnosed but not fully treated and stabilised. Ultimately, the Tribunal found that the applicant's impairments did not attract 20 points or more under the Impairment Tables.