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

The applicant, Perkins, sought a disability support pension (DSP) from the Secretary of the Department of Social Services. The dispute concerned whether Perkins met the eligibility criteria for the DSP, specifically regarding the diagnosis, treatment, and stabilisation of his medical conditions, and whether these conditions resulted in the requisite level of impairment. The matter was heard by P E Nolan SM.

The primary legal issues before the Tribunal were whether the applicant's medical conditions were fully diagnosed, treated, and stabilised during the relevant period, and whether these conditions, when assessed under the Impairment Tables, resulted in a minimum of 20 impairment points. The Tribunal also considered whether the applicant had met the program of support participation requirements for the DSP.

The Tribunal found that the applicant's conditions could only be assigned 5 impairment points during the relevant period, which fell short of the 20-point threshold required for a DSP. Furthermore, the Tribunal was satisfied that the applicant had participated in a program of support for approximately 393 days, which did not meet the participation requirements for the DSP. Accordingly, the decision under review was affirmed.