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

This matter concerned an appeal by an applicant against the rejection of his claim for a Disability Support Pension. The central dispute revolved around whether the applicant's medical conditions met the criteria for the pension, specifically concerning the severity of impairment and the stabilisation of his conditions during the qualification period. The decision was made by Mr S Evans, a Member of the Tribunal.

The primary legal issues before the Tribunal were twofold: first, whether the applicant's diagnosed impairments attracted an impairment rating of at least 20 points under the relevant Impairment Tables; and second, if this threshold was met, whether the applicant had a continuing inability to work. The Tribunal was required to assess the applicant's conditions, including asthma, to determine if they were fully diagnosed, treated, and stabilised during the relevant period, and if they resulted in the requisite level of functional impairment.

The Tribunal considered the applicant's asthma, noting that while it was accepted as fully diagnosed, treated, and stabilised, the assigned impairment rating was considered moderate. This assessment was influenced by evidence indicating that the applicant had not required hospitalisation or specialist respiratory treatment for many years, and that ongoing management was largely effective. Despite the applicant's reported difficulties with exertion, such as shortness of breath when walking or climbing stairs, and reliance on his wife for household tasks, the Tribunal found that these impairments did not reach the 20-point threshold stipulated by paragraph 94(1)(b) of the Social Security Act 1991. Consequently, the Tribunal concluded that the applicant did not satisfy the requirements for the Disability Support Pension, rendering it unnecessary to consider the issue of continuing inability to work.

The decision to refuse the applicant's claim for a Disability Support Pension was affirmed.