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

This matter concerned an appeal by Mr. Richards against a decision to reject his claim for a Disability Support Pension (DSP). The dispute centred on whether Mr. Richards met the eligibility criteria for the DSP during the relevant qualification period, which was from 28 August 2015 to 27 November 2015. The Tribunal was required to assess his physical and psychiatric impairments, their permanence, and the resulting level of functional impairment.

The legal issues before the Tribunal were whether Mr. Richards suffered from physical, intellectual, or psychiatric impairments, and if the conditions causing these impairments were permanent, meaning they were fully diagnosed, treated, and stabilised, and likely to persist for more than two years. The Tribunal also had to determine if these impairments, individually or combined, attracted a rating of 20 points or more under the Impairment Tables, and if he had a continuing inability to work. If a severe impairment was not found, the Tribunal would also need to assess his compliance with program of support requirements.

The Tribunal reasoned that Mr. Richards' entitlement to the DSP must be assessed as at the date of his claim and the following 13 weeks, with subsequent changes in health being irrelevant unless they shed light on the position during that period. Applying this principle, the Tribunal found that Mr. Richards had impairments to his physical exertion and stamina due to ischemic heart disease, and to his lower limb function due to a right knee injury. These conditions were deemed permanent as they were fully diagnosed, treated, and stabilised, and more likely than not to persist for over two years. While he also had reactive depression, this condition was not fully diagnosed, treated, and stabilised during the qualification period. The impairments from his heart and knee conditions resulted in a combined rating of 20 points under the Impairment Tables.

Consequently, the Tribunal concluded that Mr. Richards met the eligibility requirements for the DSP, including the severe impairment threshold and the continuing inability to work. The Tribunal also found that he complied with the program of support requirements. Accordingly, the previous decision rejecting his claim was set aside, and it was determined that he was eligible to receive the DSP from 28 August 2015.