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

This matter concerned an appeal by Mr. Malesevic against a decision by the Secretary of the Department of Social Services regarding his eligibility for a disability support pension. The appeal was heard by Chris Puplick AM, Senior Member.

The primary legal issue before the Tribunal was whether Mr. Malesevic met the legislative requirements for a disability support pension, specifically concerning the qualifying period and the test for continuing inability to work. The Tribunal had to determine if Mr. Malesevic's participation in a Program of Support, and his medical conditions, satisfied the criteria set out in the relevant legislation.

The Senior Member reasoned that while Mr. Malesevic had provided some participation in a Program of Support, it fell significantly short of the required duration. Although acknowledging the progressive nature of Mr. Malesevic's medical conditions and the possibility of future qualification, the Senior Member found that the evidence did not permit setting aside the statutory requirements. Applying the legislation, the Senior Member concluded that Mr. Malesevic, despite meeting a 20-point threshold, failed the continued inability to work test. Consequently, the application was dismissed, and the decision under review was affirmed.