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

The Administrative Appeals Tribunal (AAT) considered the appeal of Ms Vella against a decision by the Secretary of the Department of Social Services concerning her claim for a Disability Support Pension (DSP). The core of the dispute revolved around whether Ms Vella's medical condition, a blood condition, resulted in sufficient impairment to qualify her for the pension.

The Tribunal was required to determine two primary legal issues. Firstly, whether Ms Vella's blood condition attracted at least 20 points under the relevant Impairment Tables as prescribed by the Social Security Act 1991. Secondly, the Tribunal had to assess whether Ms Vella could demonstrate a continuing inability to work, as required by paragraphs 94(1)(b) and (c) of the Act, irrespective of the points awarded under the Impairment Tables.

The Tribunal's reasoning was that Ms Vella did not meet the threshold of 20 points under the Impairment Tables for her condition. Furthermore, the Tribunal found that she had not established a continuing inability to work. Consequently, the Tribunal concluded that the decision to reject her claim for a DSP was correct. The Tribunal affirmed the AAT's decision dated 13 November 2020.