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

This matter concerned an application for a disability support pension by the Applicant, who contended that his various medical conditions qualified him for the pension. The Secretary of the Department of Social Services opposed the application. The Tribunal was required to determine whether the Applicant's medical conditions met the criteria for a disability support pension, specifically whether they were fully diagnosed, treated, and stabilised, and whether they attracted a sufficient number of impairment points under the relevant tables.

The central legal issue before the Tribunal was whether the Applicant's medical conditions, during the relevant period, were fully diagnosed, fully treated, and fully stabilised, and whether these conditions, when assessed against the Impairment Tables, attracted a total of 20 or more points. The Tribunal also had to consider the provisions regarding the assessment of multiple conditions causing a common or combined impairment, which stipulated that a single rating should be assigned for such impairments to avoid double assessment.

The Tribunal accepted that the Applicant's heart and lung conditions were fully diagnosed, treated, and stabilised during the relevant period. However, it found that his mental health and spinal conditions were not yet fully diagnosed, treated, or stabilised, and therefore could not be considered permanent for the purpose of assigning an impairment rating. Applying the Impairment Tables, the Tribunal determined that the combined impact of the heart and lung conditions attracted 10 points under Table 1, and his right elbow condition attracted zero points under Table 2. As the Applicant did not achieve a total of 20 or more impairment points across the relevant tables, the Tribunal concluded that he did not meet the statutory requirements for a disability support pension.