Northern Ireland - Social Security and Child Support Commissioners' Decisions

[1996] NISSCSC A144/96(DLA) (28 May 1996)

 


A144/96(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

Disability Appeal Tribunal

dated 28 May 1996

DETERMINATION OF THE SOCIAL SECURITY COMMISSIONER

1. The claimant in this case is a child of 3 who suffers from asthma. On his behalf his mother seeks leave to appeal against the decision of the Disability Appeal Tribunal sitting at Craigavon, whereby it was held that he was not entitled to disability living allowance (care component) from and including 11 February 1996.
2. The substance of the grounds relied upon by Mrs F... in her application for leave to appeal is that the Tribunal breached the rules of natural justice in proceeding with the hearing of the appeal in the absence of medical records which she had consented to release. It is also said that the Presenting Officer at the hearing was of the opinion that the low rate of the care component should have been awarded and that the Tribunal had been wrong to decide otherwise.
3. I have studied the case file and note that Mrs F...'s consent to the release of the claimant's medical records was given on the basis that all parties to the proceedings would have access to them. Mrs F... was present at the hearing and at no time made any request for an adjournment. Indeed, it appears that when, in relation to another matter she was asked if she wished to have the case adjourned, she declined the offer.
4. The availability of medical records is not something over which Appeal Tribunals have anything like full control. To a large extent they are dependent upon the good offices and efficiency of whatever branch of the Health Service happens to be involved. If for any reason medical records which have been released by consent are not available, a request for an adjournment should normally be granted. But where there is no such request and there is nothing exceptional about the case, I do not consider that a Tribunal breaches the rules of natural justice in proceeding to hear and determine the appeal. I am further satisfied that a Tribunal is not under any obligation to adopt a concession by a Presenting Officer. It is for the Tribunal alone to decide whether or not the claimant is entitled to an award, and it would clearly be wrong for them simply to mirror the views of the Presenting Officer. Altogether, the conclusion which I have reached is that in this instance there are no grounds for holding that the decision of the Disability Appeal Tribunal is or may be erroneous in point of law, and leave to appeal will accordingly be refused.
5. Mrs F... has requested an oral hearing of her application for leave to appeal, but having considered the circumstances of the case and the reasons put forward for the request, I am satisfied that the application can properly be determined without a hearing. The request has therefore been refused.

(Signed): R R Chambers

CHIEF COMMISSIONER

(Date):