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

This matter concerned an appeal by Mr Jashar against a decision of the Secretary of the Department of Social Services regarding his eligibility for a disability support pension. The appeal was heard by Mr A. Maryniak KC, a Member of the relevant tribunal. The core of the dispute revolved around whether Mr Jashar's diagnosed medical conditions met the threshold for a disability support pension as assessed against the Impairment Tables in the Social Security (Tables for the Assessment of Work-related Impairment for Disability Support Pension) Determination 2011.

The primary legal issue before the tribunal was to determine whether Mr Jashar's conditions, when assessed under the Impairment Tables, attracted sufficient points to qualify him for a disability support pension. This required the tribunal to consider the specific requirements of the Impairment Tables concerning the diagnosis, treatment, and stabilisation of the claimed conditions.

The tribunal affirmed the Secretary's decision. It was noted that while the respondent accepted two of Mr Jashar's claimed conditions as fully diagnosed, treated, and stabilised, a third condition was not. The assessment under the Impairment Tables, therefore, could not attribute the necessary points for qualification, as the criteria for all relevant conditions being fully diagnosed, treated, and stabilised had not been met.