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

The Administrative Appeals Tribunal considered an application for a disability support pension by Mr Hmura, who had been refused this pension by the Secretary of the Department of Social Services. The core of the dispute concerned whether Mr Hmura's medical conditions met the criteria for the pension, specifically whether they were fully diagnosed, treated, and stabilised, and whether his impairments rated 20 points or more under the relevant Impairment Tables.

The Tribunal was required to determine if Mr Hmura's coronary artery disease and an upper limb condition qualified him for the disability support pension. This involved assessing whether the medical evidence established that these conditions were fully diagnosed, treated, and stabilised, and then quantifying the level of impairment according to the Impairment Tables.

The Tribunal found that Mr Hmura's coronary artery disease was rated at 10 points under Table 1, and his upper limb condition was rated at 5 points under Table 2. As these impairments did not reach the threshold of 20 points or more required by the legislation, the Tribunal affirmed the decision to refuse the disability support pension. The Tribunal noted that Mr Hmura was entitled to submit a new application should his circumstances change.