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

This matter concerned an appeal by Mr Spiteri against a decision of the Secretary, Department of Social Services, affirming a decision that he did not qualify for a disability support pension. The appeal was heard by Dr I Alexander, Member, of the Tribunal.

The central legal issue before the Tribunal was whether Mr Spiteri's mental health condition was fully diagnosed, treated, and stabilised during the claim period, as required by section 94(1)(b) of the relevant Act, to enable a rating under Impairment Table 5.

The Tribunal reasoned that while Mr Spiteri had experienced symptoms of anxiety and depression for several years, a formal psychiatric diagnosis was not made until June 2015. Prior to this, treatment had been limited to counselling. Although Mr Spiteri initially rejected antidepressant medication due to concerns about side effects, he commenced psychological therapy a few weeks before the claim date, which continued for approximately eight months. Antidepressant medication was introduced in May 2016 and its dosage was increased over the subsequent six months. The Tribunal was satisfied that this treatment program indicated that, during the claim period, Mr Spiteri's mental health condition was not fully treated and stabilised. Consequently, the Tribunal found that Mr Spiteri did not satisfy section 94(1)(b) of the Act and was therefore not qualified for a disability support pension. The decision under review was affirmed.