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

This matter concerned an appeal by Mr Sammut against the Secretary of the Department of Social Services regarding his claim for a Disability Support Pension (DSP). The dispute centred on whether Mr Sammut met the eligibility criteria for the DSP, specifically concerning his capacity for work and participation in support programs. The decision was made by Miss E A Shanahan, Member, of the Administrative Appeals Tribunal.

The legal issues before the Tribunal included whether Mr Sammut's medical conditions, namely asthma and an adjustment disorder with depressed and anxious mood, rendered him unable to work for at least 15 hours per week. Additionally, the Tribunal had to consider whether Mr Sammut had participated in a program of support for at least 18 months in the three years prior to his DSP claim, as required by the Social Security (Requirements and Guidelines – Active Participation for Disability Support Pension) Determination 2011.

The Tribunal considered evidence regarding Mr Sammut's long-standing asthma, which had led him to resign from two previous employment roles due to exposure to fumes and dust. It also noted his history of an adjustment disorder, treated with antidepressants and cognitive behavioural therapy. While some medical reports indicated improvement in his mental health, others noted a worsening of his condition and suicidal thoughts. The Tribunal also addressed the requirement for participation in a program of support, noting Mr Sammut's lack of engagement in such a program for the requisite period. Furthermore, Joint Case Assessments indicated Mr Sammut had a base work capacity of 15 to 22 hours per week, suggesting he was capable of performing work.

The Tribunal found that Mr Sammut had not met the criteria for the DSP, primarily due to his assessed work capacity and his failure to participate in a required program of support.