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

This matter concerned an application by Mr Liai for a Disability Support Pension (DSP). The primary dispute before the Tribunal was whether Mr Liai met the eligibility criteria for the DSP, specifically concerning the nature and severity of his impairments and their impact on his ability to work. The Tribunal was required to determine if Mr Liai had any physical, intellectual, or psychiatric impairments that were permanent, if these impairments attracted at least 20 points under the Impairment Tables, and if he had a severe impairment or a continuing inability to work.

The Tribunal's reasoning focused on assessing Mr Liai's impairments against the Impairment Tables and the legislative requirements for DSP eligibility. It considered evidence regarding his shoulder conditions, depression, and any potential concentration difficulties. Crucially, the Tribunal applied the principle that entitlement to the pension must be considered as at the date of the claim and for a period of 13 weeks thereafter, with any subsequent changes in health being irrelevant unless they shed light on the position at the relevant time. The Tribunal found that while Mr Liai experienced moderate difficulties with behaviour, planning, and decision-making, evidenced by reduced activity levels, mood swings, irritability, depression, withdrawal, and poor coping with stress, his concentration and task completion difficulties were only mild.

Ultimately, the Tribunal concluded that Mr Liai did not have a severe impairment that attracted 20 or more points under any single table. Consequently, the Tribunal considered whether he had a continuing inability to work. Based on the evidence presented, the Tribunal determined that Mr Liai did not meet the criteria for a severe impairment or a continuing inability to work, and therefore, his claim for a DSP was not granted.