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

This matter concerned an application for a disability support pension, brought by the applicant against the Secretary of the Department of Social Services. The dispute centred on whether the applicant met the legislative requirements for the pension, specifically concerning the severity of his impairments and his continuing inability to work. The case was heard by Senior Member R Cameron.

The legal issues before the Tribunal were whether the applicant suffered from a physical, intellectual, or psychiatric impairment, whether this impairment attracted 20 points or more under the relevant impairment tables, and crucially, whether the applicant had a continuing inability to work. The Tribunal was required to assess the applicant's medical conditions, including severe osteoarthritis and avascular necrosis of the left hip, in light of the criteria set out in section 94 of the relevant Act.

The Tribunal found that the respondent accepted the applicant suffered from impairments satisfying section 94(1)(a) and that his left hip osteoarthritis attracted sufficient points under the impairment tables, satisfying section 94(1)(b). However, the central finding was that the applicant did not have a continuing inability to work. The Tribunal concluded, based on the evidence presented, including medical reports and expert opinions, that the applicant had the capacity to work 15 hours or more per week within two years of the cancellation date. Consequently, the Tribunal affirmed the reviewable decision, meaning the applicant did not satisfy the requirements for the disability support pension.