Holdsworth; Secretary, Department of Social Services (Social services second review)

The Administrative Appeals Tribunal reviewed a decision to cancel Mr. Holdsworth's Disability Support Pension (DSP). Mr. Holdsworth had been receiving the DSP since March 2009. The Secretary, Department of Social Services, had cancelled the pension in August 2015, asserting that Mr. Holdsworth did not qualify for it as of that date.

The primary legal issue before the Tribunal was to determine whether Mr. Holdsworth was qualified for the DSP on the specific date of its cancellation, 15 April 2015. This required the Tribunal to assess his medical conditions and their impact on his functional capacity to work at that precise time, considering that the Tribunal's role was to stand in the shoes of the original decision-maker and consider the matter afresh, including evidence that became available after the cancellation date.

The Tribunal considered the evidence regarding Mr. Holdsworth's anxiety, depression, chronic fatigue, and hypothyroidism. It noted that for an impairment rating to be assigned under the Impairment Tables, a condition must be fully diagnosed, treated, and stabilised. The Tribunal referenced previous decisions, including *Conaghan*, which established that the assessment must focus on the applicant's qualification on the day of cancellation. Ultimately, the Tribunal found that Mr. Holdsworth did not demonstrate a continuing inability to work as required by section 94(1)(c) of the relevant Act.

Consequently, the Tribunal set aside the decision under review. In its place, the Tribunal found that Mr. Holdsworth was not qualified for the Disability Support Pension as at the date of cancellation.