Milne and Secretary, Department of Social Services (Social Services Second Review)

This matter concerned an appeal by Mr Milne against a decision by the Secretary of the Department of Social Services regarding his eligibility for a Disability Support Pension (DSP). The dispute centred on whether Mr Milne's medical conditions were fully diagnosed, fully treated, and fully stabilised at the time of his claim or within the subsequent 13 weeks. The case was heard by I Thompson M.

The legal issues before the Tribunal were to determine the applicant's medical conditions, assess their impact on his ability to work, and ascertain whether these conditions met the criteria for a DSP, specifically concerning their diagnosis, treatment, and stabilisation within the relevant timeframe. The Tribunal was required to consider the evidence available at the date of the DSP claim and the subsequent 13-week period, acknowledging that any subsequent progression of the applicant's conditions could not be used to directly award a DSP based on those changed circumstances.

The Tribunal considered Mr Milne's evidence, which described his significant limitations due to rectal cancer diagnosed in 2015, impacting his ability to perform daily tasks and his former work as a bricklayer and stone mason. The Tribunal noted the significant time lapse between the DSP claim and the hearing, and applied the principle that the assessment must be based on the conditions as they were at the time of the claim. Despite evidence suggesting his condition may have worsened since the claim, the Tribunal focused on the impact of his conditions during the assessment period. The Tribunal was satisfied that Mr Milne had a continuing inability to work and therefore set aside the original decision, determining that Mr Milne was qualified to receive the DSP from 15 June 2016.