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

This matter concerned an appeal by the applicant, Mr Woinar, against a decision of the Department of Social Services (DSS) to refuse him a Disability Support Pension (DSP). The applicant contended that he was qualified for the DSP due to various medical conditions, including a back condition and a serious ankle fracture. The decision was reviewed by D. J. Morris, Member, of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the eligibility criteria for a DSP, specifically whether his impairments were fully diagnosed, fully treated, and fully stabilised, and whether sufficient impairment points could be assigned to qualify him for the pension. The Tribunal was required to assess the evidence presented regarding the applicant's medical conditions and their impact on his functional capacity.

The Tribunal found that while the applicant suffered from pain, there was insufficient information to assess the functional impact of his back condition and assign impairment points. Furthermore, the evidence regarding his ankle injury indicated that it was still undergoing treatment and was not stabilised, as confirmed by recent medical reports. Consequently, the Tribunal concluded that the applicant did not have any medical conditions that satisfied the relevant rules for assigning impairment points.

As a result of these findings, the Tribunal determined that zero impairment points were correctly assigned to the applicant. Therefore, the original decision by the Department of Social Services that the applicant was not qualified for a DSP during the relevant period was affirmed.