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

This matter concerned an application for a disability support pension by Mr Ware, reviewed by the Secretary of the Department of Social Services. The central dispute revolved around whether Mr Ware's impairments met the criteria for the pension, specifically whether they were permanent and attracted a sufficient impairment rating under the relevant tables. The decision was made by Member D K Grigg.

The legal issues before the Tribunal were whether Mr Ware suffered from a physical impairment for the purposes of section 94(1)(a) of the Act during the qualification period, and whether his impairments attracted an impairment rating of 20 or more points under section 94(1)(b) of the Act. The Tribunal was required to determine if Mr Ware's conditions were "permanent" as defined by the legislation, which involved considering whether they had been fully diagnosed, fully treated, fully stabilised, and were likely to persist for more than two years.

The Tribunal found that Mr Ware had suffered from a spinal impairment and a shoulder impairment during the qualification period, satisfying section 94(1)(a). However, regarding the impairment rating, the Tribunal noted that the Impairment Tables are function-based and assess the functional impact of an impairment, not the condition itself. For an impairment rating to be assigned, the underlying condition must be permanent, meaning it has been fully diagnosed, fully treated, fully stabilised, and is likely to persist for more than two years. The Tribunal considered the evidence regarding treatment and rehabilitation in determining if conditions were fully treated and stabilised. Mr Ware's sleep apnoea was diagnosed after the qualification period and had not been fully treated, while his depression lacked sufficient medical evidence.