Northern Ireland - Social Security and Child Support Commissioners' Decisions

[1993] NISSCSC C3/93(II) (11 August 1993)

 


C3/93(II)

SOCIAL SECURITY ADMINISTRATION (NORTHERN IRELAND) ACT 1992

SOCIAL SECURITY CONTRIBUTIONS AND BENEFITS

(NORTHERN IRELAND) ACT 1992

SOCIAL SECURITY (CONSEQUENTIAL PROVISIONS)

(NORTHERN IRELAND) ACT 1992

INDUSTRIAL INJURIES BENEFIT

Appeal to the Social Security Commissioner

on a question of law from the decision of the

Medical Appeal Tribunal

dated 11 August 1993

DECISION OF THE SOCIAL SECURITY COMMISSIONER

1. In this case the claimant appeals from the decision of the Medical Appeal Tribunal sitting at Belfast, whereby it was held that the extent of the disablement resulting from the injuries sustained by the claimant was to be assessed at 18% from 1 May 1993 for life.
2. In fixing of the date on which the assessment of the extent of the claimant's disablement was to commence, the Tribunal relied upon a statement in the Adjudication Officer's written submission that the earliest date was 1 May 1993. However, it later became apparent that this was a simple mistake. The claimant had applied on 1 August 1992 for a review on the grounds of unforeseen aggravation, and accordingly the earliest date from which a revised assessment could run was 1 May 1992, not 1993:- see Reg 68(a) of the Social Security (Adjudication) Regulations (Northern Ireland) 1987.
3. The claimant applied to have the mistake corrected and the Adjudication Officer later sought to have the decision set aside; but was informed that an appeal to the Commissioner would be required. It seems to me to be an extremely cumbersome means by which to correct an error of such a minor and obvious nature. I am, however, satisfied that, as it stands, the Tribunal's decision is erroneous in point of law, and in his written observations on the appeal the Adjudication Officer has agreed. I accordingly allow this appeal and set aside the decision of the Medical Appeal Tribunal. Regrettably, I do not have power to give the decision which the Medical Appeal Tribunal should have given; but must refer the case to a Medical Appeal Tribunal with directions for its determination:- see Section 46(5) of the Social Security Administration (Northern Ireland) Act 1992. I do have power under section 46(6) to direct that the case be dealt with by the same persons who were members of the Tribunal which gave the erroneous decision and I do so in this instance. I further direct that same Tribunal to confirm their previous decision of 11 August 1993 in all respects, save that the extent of the claimant's disablement resulting from the relevant loss of faculty is to be assessed from 1 May 1992 for life and not from 1 May 1993.

(Signed): R. R. Chambers

CHIEF COMMISSIONER

(Date):