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

This matter concerned an application for a Disability Support Pension (DSP) by the applicant, Mr Yousif, against a decision of the Secretary of the Department of Social Services. The central dispute revolved around whether Mr Yousif qualified for the DSP during the relevant qualification period, specifically concerning the assessment of his medical conditions and their impact on his functional capacity. The case was heard by Linda Kirk SM.

The primary legal issues before the Tribunal were twofold: first, whether Mr Yousif's medical conditions were fully diagnosed, treated, and stabilised during the qualification period; and second, if so, what impairment rating, if any, should be assigned to his functional limitations under the relevant Impairment Tables. The Tribunal also considered whether Mr Yousif had actively participated in a program of support for the required duration, as this was a prerequisite for DSP eligibility.

The Tribunal considered evidence relating to Mr Yousif's heart disease, sleep apnoea, and asthma. While accepting these conditions were diagnosed, treated, and stabilised, the Tribunal found that the medical evidence did not support a finding of severe functional impact as defined by the Impairment Tables. Mr Yousif's ability to walk a significant distance and his capacity to travel overseas independently indicated he could perform activities such as walking in a shopping centre or undertaking light household chores without severe impairment. Furthermore, the Tribunal found that Mr Yousif had not actively participated in a program of support for the requisite 18 months, nor had he met the criteria for completing a shorter program or having a program terminated due to his impairments preventing further progress.

Consequently, the Tribunal affirmed the Reviewable Decision. As Mr Yousif's conditions were not deemed permanent, the Tribunal did not need to consider whether he had a continuing inability to work during the qualification period.