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

The Administrative Appeals Tribunal, presided over by C.j. Furnell SM, considered an application for a disability support pension. The applicant, Mr. Tawodros, had his application refused by the Secretary of the Department of Social Services, a decision he sought to have reviewed. The core of the dispute revolved around whether the applicant's medical conditions met the criteria for receiving the pension.

The Tribunal was required to determine whether the applicant's conditions were fully diagnosed, treated, and stabilised within the relevant qualification period. Furthermore, the Tribunal had to assess whether these conditions resulted in an impairment rating of at least 20 points, and critically, whether the applicant had a continuing inability to work for at least 15 hours per week over the next two years, as defined by the legislation.

The Tribunal's reasoning focused on the requirement for impairments to be assigned a rating under the relevant Tables for them to be considered in the assessment for the disability support pension. As no such rating had been assigned to the applicant's conditions, the Tribunal concluded that his impairments did not prevent him from working for the requisite number of hours per week. Consequently, the applicant was found not to qualify for the disability support pension, and the decision under review was affirmed.