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

This matter concerned an appeal by Mr Jakovich against a decision of the Secretary, Department of Social Services, affirming a determination that he was not qualified for a Disability Support Pension (DSP). The appeal was heard by Mr D.J. Morris, Member.

The primary legal issues before the Tribunal were whether Mr Jakovich was eligible for DSP on 24 July 2015, and if not, whether he became eligible within the subsequent thirteen-week period, as provided by clause 4(1) of Schedule 2 of the *Social Security (Administration) Act 1999*. This required the Tribunal to determine if Mr Jakovich had qualifying impairments and, if so, to correctly rate those impairments under the Impairment Tables.

The Tribunal considered medical evidence indicating Mr Jakovich suffered from anxiety/depression, degenerative spinal and hip conditions, and past injuries to his right hand and left elbow. However, applying Rule 6(4) of the Impairment Tables Determination, the Tribunal found that for an impairment rating to be assigned, the condition must be fully diagnosed, fully treated, and fully stabilised. The evidence presented did not demonstrate that Mr Jakovich's conditions met these criteria within the relevant period. Consequently, he did not satisfy the requirements for qualification for the DSP.

The Tribunal affirmed the original decision, finding that Mr Jakovich was not qualified for the Disability Support Pension during the relevant period.