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

The Administrative Appeals Tribunal considered the eligibility of the applicant, QMJL, for a disability support pension against the Secretary of the Department of Social Services. The dispute centred on whether QMJL met the criteria for the pension, specifically concerning the diagnosis, treatment, and stabilisation of several medical conditions, including gastritis, anxiety, agoraphobia, and depression, during the relevant qualification period.

The Tribunal was required to determine whether QMJL had a continuing inability to work, as stipulated by section 94(1)(c) of the relevant Act, and whether all statutory requirements for the disability support pension were met. This involved assessing the applicant's medical conditions, the adequacy of their treatment, and their stability during the qualification period, as well as considering medical reports and self-reporting.

The Senior Member was satisfied on the balance of probabilities that QMJL met the criteria in section 94(1) of the Act, finding that the applicant had, and had had at all material times including during the qualification period, a continuing inability to work. Consequently, the Tribunal set aside the decision under review and substituted a new decision reflecting these findings.