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

This matter concerned an application for a Disability Support Pension (DSP) by the Applicant, Ms Tosi, against the Secretary of the Department of Social Services. The core dispute revolved around whether Ms Tosi's various medical conditions were fully diagnosed, treated, and stabilised during the relevant period for her claim, and consequently, whether these conditions attracted the necessary points under the Impairment Tables to qualify for the DSP. The case was heard by J Sosso SM.

The legal issues before the Tribunal were whether the Applicant was entitled to receive the DSP at the date of her claim or within 13 weeks thereafter. This required the Tribunal to determine if the Applicant suffered from impairments for the purposes of the Social Security Act 1991, and critically, whether these impairments attracted 20 points or more under the Impairment Tables. A key aspect of this determination was whether the Applicant's conditions, specifically her mental health conditions such as PTSD, depression, and anxiety, were fully diagnosed, treated, and stabilised during the relevant period.

The Tribunal's reasoning emphasised that its task was to assess the Applicant's claim based on her medical condition at the date of her claim or within 13 weeks thereafter, which in this instance was 24 June 2015 to 23 September 2015. While subsequent evidence could be considered if it shed light on the Applicant's state of health during that period, the Tribunal stressed that any progression of a condition after the relevant period could not be used to directly award a DSP. The Tribunal noted that the Respondent accepted the Applicant suffered from impairments. However, regarding the mental health conditions, the Respondent contended they were not fully treated or stabilised during the relevant period, meaning an impairment rating could not be assigned. The Tribunal concluded that the Applicant had, in effect, "fallen through the legal cracks" due to the strict nature of DSP application law.

The decision under review was affirmed.