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

This matter concerned an appeal by the applicant, Vracar, against a decision of the Secretary of the Department of Social Services affirming a refusal to grant a Disability Support Pension (DSP). The applicant sought to establish eligibility for the DSP, contending that his medical conditions met the criteria for the pension.

The Tribunal was required to determine whether the applicant's conditions were fully diagnosed, treated, and stabilised during the relevant qualification period. A further issue was whether the applicant's impairment attracted a disability rating of 20 points or more under section 94(1)(b) of the relevant legislation, particularly in light of the applicant's refusal of treatment.

The Tribunal noted that the applicant had the option to make a fresh application for the DSP, as there is no limit on the number of applications that can be made. It was acknowledged that the applicant's current medical circumstances, potentially with more actively managed conditions than during the period under review, might lead to a different outcome on a new application. However, the Tribunal stated it could not speculate on this possibility and that any such assessment would require a fresh evaluation. Consequently, the decision under review was affirmed.