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

This matter concerned an appeal by Mrs Ilievska against the decision of the Secretary, Department of Social Services, to cancel her Disability Support Pension (DSP). The dispute centred on whether Mrs Ilievska met the criteria for DSP at the time of the cancellation of her pension, specifically in relation to the functional impact of her diagnosed medical conditions. The decision was made by D. J. Morris SM.

The primary legal issue before the court was to determine whether Mrs Ilievska's medical conditions, including back pain and fibromyalgia, resulted in a level of impairment that qualified her for a DSP at the time her pension was cancelled on 30 September 2016. This required consideration of the applicable Impairment Tables and whether the presence of diagnosed conditions translated into a functional impairment rating.

The court reasoned that the mere diagnosis of a condition does not automatically equate to an impairment rating under the relevant legislation. It is necessary to assess the functional impact of the condition with reference to the Impairment Tables in force at the time of the cancellation. The court reviewed medical evidence from a rheumatologist and physiotherapists, which indicated chronic widespread pain, degenerative changes in Mrs Ilievska's spine, and features of fibromyalgia. However, the court found that the evidence did not establish that these conditions resulted in the necessary level of functional impairment to satisfy section 94(1)(b) of the Act at the date of cancellation.

Consequently, the Tribunal affirmed the original decision to cancel Mrs Ilievska's Disability Support Pension.