Northern Ireland - Social Security and Child Support Commissioners' Decisions

[1996] NISSCSC A17/96(DLA) (3 May 1996)

 


A17/96(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 25 August 1995

DETERMINATION OF THE SOCIAL SECURITY COMMISSIONER

1. In this case the claimant seeks leave to appeal against the decision of the Disability Appeal Tribunal sitting at Belfast; whereby it was held that she was not entitled to either the care or the mobility component of Disability Living Allowance.
2. The claimant's application is in the following terms:-

"I hereby apply for leave to appeal against the decision of Belfast

Disability Appeal Tribunal issued on 2 October 1995. Leave to

appeal was refused by the tribunal chairman.

I believe the tribunal erred in law by failing to record the

decision of the tribunal, including findings on all material facts.

Including the incidence of burns from accidents when cooking

referred to the in report prepared for the tribunal by Dr C...?

I believe the tribunal erred in law by appearing to prefer the

evidence in the GP factual report as against the detailed report

prepared for the tribunal by Dr C...."

In her earlier application which was refused by the Tribunal Chairman, the claimant had merely expressed a wish to have a fresh hearing before the Commissioner, in the hope that he might "listen better and read [her] records properly."

3. It is important to bear in mind that in these cases the right of appeal to the Commissioner, conferred by section 32(1) of the Social Security Administration (Northern Ireland) Act 1992, lies only on the ground that the decision of the Disability Appeal Tribunal was erroneous in point of law. It is for the Tribunal to decide what weight should be given to the evidence presented to them, and the Commissioner has no power to intervene unless their decision was such that no person acting judicially and properly instructed as to the relevant law could reasonably have reached it. In this instance I have read the report prepared for the Tribunal by Dr C... and there is, in my view, nothing to suggest that the Tribunal failed to give it full and proper consideration.

I am further of the opinion that the Tribunal's recorded findings of fact were entirely appropriate, and indeed were more comprehensive than one usually finds in appeals of this nature. Specifically, there was no obligation upon the Chairman to record every detail of the evidence contained in Dr C...'s medical report.

Altogether I am unable to accept that the Tribunal erred in law in any of the respects alleged by the claimant in her application for leave to appeal.

4. I have also considered whether there is any other 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.
5. The claimant has requested an oral hearing of her application; 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 accordingly been refused.

(Signed): R R Chambers

CHIEF COMMISSIONER

3 May 1996