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

This matter concerned an appeal by Mr Vaalele against the cancellation of his Disability Support Pension by the Secretary of the Department of Social Services. The central dispute revolved around whether Mr Vaalele qualified for the pension at the date of cancellation, specifically concerning his lower limb and back conditions. The decision was made by A Poljak SM in the Social Services Second Review.

The primary legal issue before the Tribunal was to determine whether Mr Vaalele's medical conditions, at the date of cancellation, met the criteria for a Disability Support Pension. This involved assessing whether his lower limb condition resulted in a severe functional impairment and, crucially, whether his back condition was fully diagnosed, treated, and stabilised, which would allow for an impairment rating.

The Tribunal found that Mr Vaalele's back condition was not fully diagnosed, treated, and stabilised at the relevant date, meaning no impairment rating could be assigned to it. Consequently, the Tribunal concluded that Mr Vaalele's conditions did not attract the required 20 or more points under the Impairment Tables, rendering it unnecessary to consider his capacity to work. The Tribunal affirmed the decision under review, finding that Mr Vaalele was not entitled to the Disability Support Pension at the date of cancellation, while noting he could reapply at any time.