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

The applicant, Mongan, sought review of a decision by the Secretary of the Department of Social Services concerning eligibility for a disability support pension. The dispute centred on whether the applicant met the assessment criteria for the pension. The matter was heard by Deputy President Bernard McCabe.

The primary legal issue before the Tribunal was whether the applicant satisfied the requirements for a disability support pension under section 94(1) of the relevant Act. Specifically, the Tribunal had to determine if the applicant had a continuing inability to work, a key criterion for the pension.

Deputy President McCabe found that the applicant had been assessed as having a work capacity of 0-7 hours per week. The Tribunal was satisfied that there was no prospect of improvement in this capacity through participation in a support program. Consequently, the Tribunal concluded that the applicant had a continuing inability to work for the purposes of section 94(1)(c) of the Act. The decision under review was set aside, and it was determined that the applicant was entitled to receive the disability support pension, subject to meeting other eligibility requirements.