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

This matter concerned an application for a disability support pension by Mr Tayba against the Secretary of the Department of Social Services. The dispute centred on whether Mr Tayba qualified for the pension during the qualification period of 16 May 2022 to 15 August 2022, specifically whether he had a continuing inability to work due to a severe impairment. The decision was made by Mrs J C Kelly, Senior Member.

The primary legal issue before the Senior Member was to determine whether Mr Tayba’s various physical and mental health conditions, including a mental health condition, spinal condition, bilateral sensorineural hearing loss, diabetes, tinnitus, vertigo, hypertension, shoulder and upper arm condition, knee pain, and respiratory disorder, constituted a severe impairment. This required assessing whether these conditions, individually or in combination, would attract a rating of 20 points or more under the relevant Impairment Tables, thereby establishing a continuing inability to work.

The Senior Member concluded that the evidence presented did not establish that Mr Tayba had a severe impairment, as defined by the Impairment Tables, during the specified qualification period. Consequently, the reviewable decision, which had affirmed the initial decision regarding the disability support pension, was affirmed.