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

This matter concerned an appeal by Mr Root against a decision by the Secretary of the Department of Social Services to cancel his Disability Support Pension (DSP). The appeal was heard by Mr S. Webb, a Member of the Tribunal. The central dispute revolved around whether Mr Root met the qualification criteria for DSP, specifically concerning the rating of his impairments and the meaning of "assistance with day to day activities."

The Tribunal was required to determine the appropriate rating for Mr Root's cognitive impairments under Table 7 of the Impairment Tables, and to interpret the meaning of "assistance with day to day activities" in the context of the DSP qualification criteria. The Tribunal also considered whether disturbed sleep should be assessed as a separate impairment or subsumed within other assessed impairments, such as fatigue.

The Member reasoned that disturbed sleep should be assessed in relation to fatigue under Table 1, rather than as a distinct impairment. Regarding cognitive impairments, the Member found that the evidence supported a 10-point rating under Table 7, contrary to the Secretary's submission for a 5-point rating. The Member interpreted "day to day activities" broadly, encompassing common activities of daily living such as personal hygiene and household chores, and concluded that "assistance" should also be construed broadly, potentially including aid from machines, but excluding common aids like notes or lists.

Ultimately, the Tribunal found that Mr Root satisfied the qualification criteria for DSP as of 6 May 2015. Consequently, the decision to cancel his DSP was set aside, and the matter was remitted to the Secretary to determine Mr Root's entitlements in accordance with this finding.