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

This matter concerned an appeal by Mr Smith against a decision of the Secretary of the Department of Social Services, which affirmed a prior decision to refuse Mr Smith's claim for Disability Support Pension (DSP). The appeal was heard by Mr S. Webb, a Member of the Tribunal.

The central legal issue before the Tribunal was whether Mr Smith met the eligibility criteria for a DSP, specifically concerning his capacity to work. This involved assessing whether his impairments prevented him from undertaking any form of work, either in the open labour market or in a supported setting, for at least 15 hours per week.

The Tribunal Member affirmed the decision under review, finding that Mr Smith's claim for DSP could not be granted. The reasoning for this conclusion, though not detailed in the provided extract, would have involved an assessment of the evidence presented regarding Mr Smith's impairments and their impact on his work capacity, against the legislative requirements for DSP eligibility. The decision under review was therefore affirmed.