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

This matter concerned an application for a disability support pension (DSP) by YPKN against the Secretary, Department of Social Services. The core dispute revolved around whether the applicant met the criteria for DSP, specifically concerning the severity of their impairments and their continuing inability to work. The decision was made by Deputy S Boyle P.

The legal issues before the court were threefold: first, whether the applicant had any physical, intellectual, or psychiatric impairments as at the date of their DSP claim or within the subsequent 13 weeks; second, if such impairments existed, whether they attracted an impairment rating of at least 20 points under the relevant Impairment Tables; and third, if the impairment threshold was met, whether the applicant had a continuing inability to work.

The Tribunal found that the applicant did not satisfy the requirements for a DSP. This was because their impairments did not attract a rating of 20 points or more under the Impairment Tables, nor did they demonstrate a continuing inability to work during the qualification period. Consequently, the Tribunal affirmed the previous decision to reject the applicant's claim for a DSP.