Northern Ireland - Social Security and Child Support Commissioners' Decisions

[1997] NISSCSC C26/97(IB) (3 January 1998)

 


Decision No: C26/97(IB

SOCIAL SECURITY ADMINISTRATION (NORTHERN IRELAND) ACT 1992

SOCIAL SECURITY CONTRIBUTIONS AND BENEFITS

(NORTHERN IRELAND) ACT 1992

SOCIAL SECURITY (CONSEQUENTIAL PROVISIONS)

(NORTHERN IRELAND) ACT 1992

INCAPACITY BENEFIT

Appeal to the Social Security Commissioner on a question of law from the decision of the Newry Social Security Appeal Tribunal dated 31 January 1997

DECISION OF THE SOCIAL SECURITY COMMISSIONER

1. This is an appeal by the claimant against the decision of a Social Security Appeal Tribunal which held that she had not proved that she was incapable of work and leave comes with the permission of the Commissioner having been refused by the Chairman of the Tribunal.
2. There is a very narrow point in this appeal and it relates purely and simply to claimant's manual dexterity and her ability to use a pen and the interpretation of the relevant descriptor.
3. The evidence was that she could not use a pen with her right hand but could sign with her left hand. The Tribunal found as a fact that claimant could use her left hand to make a good signature with a pen, accepted she had limitations with her right arm and hand but gave her no points in respect of manual dexterity.
4. I arranged an oral hearing of the appeal at which claimant was represented by Mr Brady and the Adjudication Officer was represented by Mr McAvoy.
5. Mr McAvoy and Mr Brady both agreed that the Tribunal had erred and that the 12 points which claimant was awarded did not take into account her manual dexterity and that in the light of the evidence and the decision of Great Britain Commissioner in starred decision 50/97, where he held, "if a person cannot use a pen or a pencil for the purposes for which a pen or a pencil is normally used with either the right or the left hand, depending upon which is the dominant hand, he will prima facia be entitled to 15 points". Points should have been awarded in respect of dexterity.
6. Mr McAvoy now concedes that the Tribunal erred in not awarding 15 points to the claimant in respect of her manual dexterity in view of the evidence.
7. I accept that concession. I allow the appeal and set aside the decision of the Tribunal. I think it is a proper case in which I should give the decision which the Tribunal should have given, namely that claimant is entitled to 27 points being the 12 points already awarded by the Tribunal which I endorse and accept and the 15 points which she is entitled to under manual dexterity and consequently she has proved that she is incapable of work and is entitled to incapacity benefit from and including 4 November 1996.

(Signed): C C G McNally

COMMISSIONER

3 January 1998