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

This matter concerned an appeal by Mr Matthews against a decision of the Secretary of the Department of Social Services affirming a decision that he did not qualify for a Disability Support Pension (DSP). The dispute centred on whether Mr Matthews met the eligibility criteria for the DSP, specifically whether his impairments were fully treated and stabilised, and whether they totalled 20 or more points under the relevant Impairment Tables Determination.

The primary legal issue before the Tribunal was to determine whether Mr Matthews was qualified for the DSP on the date he lodged his claim, 22 October 2015, or if he became qualified within the subsequent 13-week period, which concluded on 21 January 2016. This period is referred to as the claim period, and its commencement and conclusion were to be calculated in accordance with section 36(1) of the Acts Interpretation Act 1901, which excludes the day on which the claim was made.

The Tribunal considered medical evidence detailing Mr Matthews' conditions, including post-operative scarring from neck cancer treatment, which caused acute and chronic pain, limited shoulder and hand movement. He also suffered from anxiety and depression, exacerbated by financial stress, leading to low mood, strained relationships, and an inability to concentrate for extended periods. Other conditions noted included tinnitus, lower back strain, and stable Hepatitis B. Applying the relevant legislative provisions, the Tribunal found that Mr Matthews was not qualified for the DSP on the date of his claim, nor did he become qualified within the subsequent 13-week claim period. Consequently, the Tribunal affirmed the original decision.