Northern Ireland - Social Security and Child Support Commissioners' Decisions

[1998] NISSCSC A16/98(IB) (29 January 1999)

 


Application No: A16/98(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 Application by the above-named claimant for leave to appeal to the Social Security Commissioner on a question of law from the decision of the Belfast Social Security Appeal Tribunal dated 14 October 1997 DETERMINATION OF THE SOCIAL SECURITY COMMISSIONER
1. This is an application by Mr W... for leave to appeal against a decision dated 14 October 1997 of a Social Security Appeal Tribunal (hereinafter called "the Tribunal") sitting at Belfast.
2. I held an oral hearing of the application which Mr W... attended and Mr Toner of Central Adjudication Services attended to represent the Adjudication Officer.
3. I refuse leave to appeal. I am unable to find any substance in Mr W...'s grounds of appeal as set out in the OSSC1 form and at hearing. There is no indication that the Tribunal failed to apply the correct law, nor that it ignored any evidence before it. Mr W... mentioned an MRI scan in his appeal to me but evidence of same was not before the Tribunal. It was therefore not in error in failing to deal with it.
4. I am also unable to ascertain any error of law in the decision on any other matter including the question (which I myself raised) of whether or not the claimant was required to satisfy the All Work Test to be entitled to Incapacity Benefit. I am satisfied that he was so required and that the Tribunal was therefore correct in its decision that because Mr W... had not satisfied the All Work Test, he was not entitled to Incapacity Benefit. I am satisfied that whether or not a person is exempt from having to satisfy the All Work Test to be considered incapable of work was not an issue, which on the evidence, had to be considered by the Tribunal.

That Regulation provides:-

"Where the all work test applies, a person shall be treated as incapable of work on any day in respective of which any of the circumstances set out in paragraph (2) apply to him;

...

(2) The circumstances are ...

(e) that he is suffering from any of the following conditions and there exists medical evidence that he is suffering from any of them ...

(ii) a severe and progressive neurological or muscle wasting disease."

Medical evidence that the claimant was suffering from a severe and progressive neurological or muscle wasting disease did not exist. There was medical evidence that Mr W... suffered from multiple sclerosis but not that it was severe . The issue of exemption under Regulation 10(2)(e) did not therefore arise and the Tribunal was not in error of law in not dealing with same.

5. I therefore dismiss this application.

(Signed): M.F. Brown

COMMISSIONER

29 January 1999