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

This matter concerned an application for a second review of a decision to reject Ms Hopper's claim for a Disability Support Pension (DSP). The dispute centred on whether Ms Hopper met the eligibility criteria for DSP during the qualification period, which was the 13 weeks following her claim lodged on 19 February 2018. The Tribunal was required to determine if Ms Hopper had a qualifying impairment, if that impairment attracted at least 20 points under the Impairment Tables, and if she had a continuing inability to work.

The Tribunal was required to assess Ms Hopper's eligibility for DSP based on the criteria set out in section 94 of the *Social Security Act 1991*. This involved determining if she possessed a physical, intellectual, or psychiatric impairment, whether this impairment rated at least 20 points under the relevant Impairment Tables, and if she had a continuing inability to work. The assessment was confined to the qualification period, meaning any subsequent changes or deterioration in her medical conditions were not relevant to this specific determination.

The Tribunal affirmed the decision of the Administrative Appeals Tribunal (First Instance) that Ms Hopper was not qualified for DSP. The reasoning emphasised that the qualification criteria for DSP are cumulative, and all must be satisfied. The Tribunal noted that the assessment of impairment rating and continuing inability to work are distinct but equally important. The decision highlighted that the Tribunal must consider the applicant's situation and available evidence as it stood during the qualification period, and any subsequent progression of a medical condition would necessitate a new claim for DSP.