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

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

The primary legal issues before the Tribunal were whether Mr. Mahmood was qualified for DSP on the date he lodged his claim, 27 July 2015, and if not, whether he became qualified within the subsequent 13-week period, as defined by clause 4(1) of Schedule 2 of the *Social Security (Administration) Act 1999*. This involved determining the correct calculation of the 13-week period, considering section 36(1) of the *Acts Interpretation Act 1901*, which stipulates that a period commencing from a specified day does not include that day.

The Tribunal considered medical evidence regarding Mr. Mahmood's impairments, including severe osteoporosis, depression, asthma, diabetes, hypertension, and hypercholesterolemia. While the Tribunal found that Mr. Mahmood had impairments, it concluded that he was not qualified for DSP on 27 July 2015. Furthermore, applying the provisions of clause 4(1) of Schedule 2 of the *Administration Act* and section 36(1) of the *Interpretation Act*, the Tribunal determined that Mr. Mahmood did not become qualified for DSP within the 13-week period commencing 28 July 2015 and ending 27 October 2015.

Consequently, the Tribunal affirmed the original decision.