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

This matter concerned an appeal by Mr Ireland against the rejection of his claim for a Disability Support Pension (DSP). The dispute centred on whether Mr Ireland qualified for DSP during the period of 23 September 2014 to 23 December 2014, following a new claim lodged after his previous DSP was cancelled. The case was heard by Brigadier AG Warner, Member, of the Administrative Appeals Tribunal.

The Tribunal was required to determine if Mr Ireland had any physical, intellectual, or psychiatric impairments that attracted a combined rating of at least 20 points under the Impairment Tables, and if he had a continuing inability to work due to these impairments, as stipulated by section 94 of the *Social Security Act 1991*. The Impairment Tables are function-based, requiring conditions to be fully diagnosed, treated, and stabilised, and likely to persist for more than two years, to attract an impairment rating.

The Tribunal found that Mr Ireland suffered from upper limb conditions, specifically a right rotator cuff tear and tendonitis, and arthritis of the right wrist. These conditions were accepted as fully diagnosed, treated, and stabilised, and were assessed as causing a mild functional impact, attracting 5 impairment points under Table 2 of the Impairment Tables. However, while Mr Ireland had a diagnosed spinal condition (chronic back and neck pain), the Tribunal found that this condition was not fully treated and stabilised during the relevant period.

Consequently, Mr Ireland did not meet the threshold of 20 impairment points required by section 94(1)(b) of the Act. Therefore, his claim for DSP was unsuccessful, and the Tribunal affirmed the decision under review.