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

This matter concerned an appeal by ZSYJ against a decision by the Secretary, Department of Social Services, regarding her claim for Disability Support Pension (DSP). The core dispute revolved around whether ZSYJ's mental health condition met the criteria for a severe impairment and a continuing inability to work at the time of her DSP claim. The case was heard by K. Parker M.

The legal issues before the Tribunal were whether, as at the qualification period, ZSYJ had any physical, intellectual, or psychiatric impairments; whether these conditions were permanent, meaning they were fully diagnosed, treated, and stabilised and likely to persist for more than two years; whether these impairments, individually or combined, attracted a rating of 20 points or more under the Impairment Tables; and consequently, whether ZSYJ had a continuing inability to work and satisfied program of support requirements, unless she had a severe impairment.

The Tribunal found that ZSYJ met the requirements for a psychiatric impairment. Crucially, it determined that her conditions, specifically "mixed anxiety disorder with features of social and generalised anxiety" and "borderline personality disorder with obsession-compulsive personality traits," were fully diagnosed, treated, and stabilised, and were likely to persist for more than two years, thus qualifying as permanent. These conditions were assessed as having a severe impact, attracting a rating of 20 points under Table 5 of the Impairment Tables. Consequently, ZSYJ was found to have a continuing inability to work and was excluded from program of support requirements due to her severe impairment. The Tribunal set aside the previous decision and found ZSYJ eligible for the DSP from the date of her claim.