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

The applicant, Mr. Whitehead, sought review of a decision by the Secretary of the Department of Social Services concerning his eligibility for a disability support pension. The matter came before Mr. S. Webb, a Member of the Tribunal.

The central legal issues before the Tribunal were whether Mr. Whitehead met the criteria for a disability support pension under section 94 of the relevant legislation. Specifically, the Tribunal had to determine if Mr. Whitehead had a "severe impairment" as defined by section 94(3B), and if not, whether he satisfied the alternative requirements of section 94(2), which include an inability to work 15 or more hours per week and active participation in a program of support under a Participation Direction.

The Tribunal reasoned that Mr. Whitehead did not satisfy the definition of "severe impairment" under section 94(3B). Consequently, the Tribunal considered the requirements of section 94(2). Based on the materials before it, the Tribunal concluded that Mr. Whitehead had not established that he was unable to work 15 or more hours per week, nor had he demonstrated active participation in a program of support as required.

Accordingly, the Tribunal affirmed the decision under review.