Northern Ireland - Social Security and Child Support Commissioners' Decisions

[1996] NISSCSC C16/96(DLA) (11 July 1996)

 


Decision No: C16/96(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

Appeal to the Social Security Commissioner

on a question of law from the decision of the

Dungannon Disability Appeal Tribunal

dated 9 January 1996

DECISION OF THE SOCIAL SECURITY COMMISSIONER

1. This is an appeal by the Adjudication Officer against the decision of a Disability Appeal Tribunal which had referred a claim back to the agency for corrective action.
2. The Adjudication Officer sought and received leave to appeal on the following grounds:-

"The tribunal erred in law by deciding they had no jurisdiction to determine the appeal against the adjudication officer's decision dated 2 march 1995. That decision was made under S28(1) of the Social Security Administration (NI) Act 1992 and the claimant had the right of appeal to the tribunal by virtue of S31(1)."

I regret that the tribunal were misled by the adjudication officer's written submission dated 24 November 1995, which submitted that as the adjudication officer on 2 March 1995 had exceeded his jurisdiction by determining a period prior to the date of claim the tribunal were restricted to either addressing the appeal as to question first arising, or referring it back for corrective action. The correct approach was to ask the tribunal to determine the claim from the renewal date - decision C21/95(DLA) refers. The tribunal decision would have replaced the adjudication officer's decision - S31(3).

3. I am satisfied that the Adjudication Officer is correct in his grounds of appeal and that the tribunal erred as stated.
4. For that reason I allow the appeal, set aside the decision and refer the matter back to the Disability Appeal Tribunal and that Tribunal shall deal with the matter as indicated by the Adjudication Officer.

(Signed): C C G McNally

COMMISSIONER

11 July 1996