Northern Ireland - Social Security and Child Support Commissioners' Decisions

[1995] NISSCSC A77/95(DLA) (5 May 1995)

 


Application No: A77/95(DLA)

SOCIAL SECURITY ADMINISTRATION (NORTHERN IRELAND) ACT 1992 SOCIAL SECURITY CONTRIBUTIONS AND BENEFITS (NORTHERN IRELAND) ACT 1992 SOCIAL SECURITY (CONSEQUENTIAL PROVISIONS) (NORTHERN IRELAND) ACT 1992 DISABILITY LIVING ALLOWANCE Application by the claimant for leave to appeal to the Social Security Commissioner on a question of law from the decision of the Ballymena Disability Appeal Tribunal dated 5 May 1995 DETERMINATION OF THE SOCIAL SECURITY COMMISSIONER
1. This is an application by the claimant for leave to appeal against the decision of the Disability Appeal Tribunal sitting at Ballymena; whereby it was held that he was not entitled to the care component of disability living allowance, but that he was entitled to the higher rate of the mobility component for the period from 8 January 1995 to 7 January 1996.
2. The grounds upon which the claimant seeks leave to appeal are as follows:-

"The Disability Appeal Tribunal disallowed me from the period

8th October 1994 to 7th January 1995 this is the period that

I was actually hurt and in plaster of Paris and on Crutches."

3. From the record of their proceedings, it is clear that the Appeal Tribunal's award of the higher rate of the mobility component was based upon a finding that the claimant had injured his right ankle and knee in a fall on 8 October 1994, and that thereafter he satisfied the relevant conditions of entitlement. In the light of this finding, the Tribunal correctly held that their award was not to commence until 8 January 1995. The explanation for this postponement is to be found in section 73(9)(a) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992, (the 1992 Act), which provides as follows:-

"(9) A person shall not be entitled to the mobility component of a

disability living allowance unless -

(a) throughout -

(i) the period of 3 months immediately preceding the date

on which the award of that component would begin; or

(ii) such other period of 3 months as may be prescribed,

he has satisfied or is likely to satisfy one or other of

the conditions mentioned in sub-section (1) above; .."

In other words there is a qualifying period of 3 months, during which the conditions of entitlement are satisfied, which must first elapse before a claimant can become entitled to an award of the mobility component of disability living allowance. Section 72(2) of the Act contains a similar provision in relation to the care component.

4. The Tribunal were obliged to apply the provisions of section 73(9)(a) of the Act and, as I have indicated, I have no doubt that they were correct in deciding that the claimant's award was not to commence until 8 January 1995, although he had satisfied the relevant conditions of entitlement from 8 October 1994. I am accordingly of the opinion that the grounds relied upon by the claimant in his application for leave to appeal are without substance.
5. I have also considered whether there is any other valid ground for holding that the decision of the Disability Appeal Tribunal is or may be erroneous in point of law and have reached the conclusion that there is not. Leave to appeal will accordingly be refused.

(Signed): R R Chambers

CHIEF COMMISSIONER