Northern Ireland - Social Security and Child Support Commissioners' Decisions

[1995] NISSCSC C46/95(DLA) (8 March 1996)

 


Decision No: C46/95(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

Appeal to the Social Security Commissioner

on a question of law from the decision of the

Dungannon Disability Appeal Tribunal

dated 2 August 1995

DECISION OF THE SOCIAL SECURITY COMMISSIONER

1. This is an appeal by the Adjudication Officer against the decision of a Disability Appeal Tribunal which awarded claimant the higher rate care component from and including 1 November 1994.
2. The grounds of appeal are that the Tribunal erred in making an award from and including 1 November 1994, the Tribunal having found that there had been a deterioration in claimant's condition since July 1994.
3. As claimant is over 65 years of age entitlement could not commence until the conditions for the higher rate had been satisfied for 6 months in accordance with paragraph 3(2) of Schedule 1 to the Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992.
4. The Chairman granted leave to appeal and I am satisfied that this can be dealt with without an oral hearing. After the matter was explained to the claimant's solicitors they accept that the Tribunal erred in allowing the benefit to begin on 1 November 1994 whereas in the light of the findings that her condition deteriorated since July 1994 that the 6 months period would not have expired until 1 February 1995.
5. I therefore allow the appeal, set aside the decision of the Disability Appeal Tribunal and exercise the power vested in me to give the decision which the Tribunal should have given, namely that claimant is entitled to the care component of disability living allowance at the highest rate from and including 1 February 1995.

(Signed): C C G McNally

COMMISSIONER

8 March 1996