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

This matter concerned an appeal by Mr Mariadas against a decision of the Social Security Appeals Tribunal (SSAT) regarding his eligibility for a Disability Support Pension. The SSAT had affirmed the decision of the Secretary of the Department of Social Services to refuse the pension. The appeal was heard by Dr L Bygrave, Member.

The primary legal issue before the Tribunal was whether Mr Mariadas met the criteria for a Disability Support Pension under the *Social Security Act 1991* (Cth) as at 15 May 2015, specifically concerning his capacity to work. This involved assessing whether his various medical conditions, including those affecting his lower and upper limbs, spine, mental health, and diabetes, resulted in a severe impairment and a continuing inability to work.

The Tribunal found that Mr Mariadas satisfied the requirements of the Act. It was determined that his medical conditions, when assessed against the Impairment Tables, resulted in an impairment rating of more than 20 points. Crucially, the Tribunal concluded that Mr Mariadas had a continuing inability to work, which meant he was not required to have actively participated in a program of support under subsection 94(1)(c) of the Act.

Accordingly, the Tribunal set aside the SSAT's reviewable decision of 8 March 2016 and substituted its own decision. The Tribunal determined that Mr Mariadas satisfied subsections 94(1)(a), (b), and (c) of the *Social Security Act 1991* (Cth) as at the date of his claim, 15 May 2015.