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

This matter concerned an appeal by an applicant against a decision of the Secretary, Department of Social Services, regarding eligibility for a Disability Support Pension (DSP). The applicant sought to establish that she had a continuing inability to work due to a mental health condition.

The primary legal issues before the Tribunal were whether the applicant's condition was fully diagnosed, treated, and stabilised during the relevant period, and whether she met the threshold of 20 impairment points under the Impairment Tables, specifically Table 5 for mental health conditions. The Tribunal was required to assess the functional impact of the applicant's bipolar disorder in accordance with the criteria set out in the Social Security (Tables for the Assessment of Work-related Impairment for Disability Support Pension) Determination 2011.

The Tribunal, acknowledging concessions made by the Secretary and considering medical evidence from the applicant's treating psychiatrist, was satisfied that the applicant met the initial criteria for a DSP. However, upon applying the descriptors in Table 5, the Tribunal determined that the applicant's bipolar condition attracted only 10 impairment points, not the required 20 points. The Tribunal noted that the introduction to Table 5 requires a permanent condition resulting in functional impairment due to a mental health condition, including recurring episodes. The descriptors for 10 points indicate a moderate functional impact on various activities.

As the applicant's condition did not attract 20 or more points under the Impairment Tables, the Tribunal concluded that it was not necessary to consider the further criterion of a continuing inability to work. Consequently, the applicant did not qualify for a DSP, and the decision under review was affirmed.