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

This matter concerned an appeal by Mr Sesay against a decision of the Secretary of the Department of Social Services affirming an earlier decision that he was not qualified for a Disability Support Pension (DSP). The Administrative Appeals Tribunal (AAT) was required to determine whether Mr Sesay qualified for the DSP on the date of his claim, or within the 13-week period following that date.

The Tribunal considered the criteria for DSP qualification, focusing on whether Mr Sesay had a severe impairment that prevented him from working, and whether this impairment was likely to be permanent. The Tribunal's reasoning involved a detailed assessment of the medical evidence presented regarding Mr Sesay's conditions and their impact on his capacity to undertake remunerative work.

Ultimately, the Tribunal found that the original decision was correct. It concluded that Mr Sesay was not qualified for the DSP on the date of his claim, nor did he become qualified within the subsequent 13-week period. Consequently, the Tribunal affirmed the decision under review.