Northern Ireland - Social Security and Child Support Commissioners' Decisions

[1998] NISSCSC A52/98(DLA) (14 September 1998)

 


Application No: A52/98(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 above-named claimant for leave to appeal to the Social Security Commissioner on a question of law from the decision of the Craigavon Disability Appeal Tribunal dated 4 December 1997 DETERMINATION OF THE SOCIAL SECURITY COMMISSIONER
1. This is an application for leave to appeal against the decision dated 4 December 1997 of a Disability Appeal Tribunal (hereinafter called "the Tribunal) sitting at Craigavon.
2. I held an oral hearing of the application which Mrs R... attended accompanied by her representative Mr M... and Mrs Gunning of Central Adjudication Services attended to represent the Adjudication Officer.
3. Having heard the arguments on both sides and having perused the papers, including the Tribunal record of its decision, I am not of the view that there was any error of law in the Tribunal decision, whether in terms of substantive law or breach of the rules of natural justice. I therefore dismiss this application.
4. The grounds of appeal related to the Tribunals not adjourning in order that a report could be obtained from Dr G.... The Chairman's record of proceedings showed the following as regards the application for adjournment:-

"Appellant attending Doctor G... since 1990. We asked him for

report - not given it to Disability Appeal Tribunal requested it."

and later -

"[Panel considered application for adjournment - same refused

and explained to parties that reports from Doctor G...

already in records]."

The terms in which the report from Dr G... is mentioned are to do with the Disability Appeal Tribunal requesting it.

In my view the Tribunal was quite entitled to conclude that an adjournment to obtain a report from Dr G... was not needed. It already had reports from him as part of the GP records, there was no indication given to the Tribunal of when or indeed if such a report would be obtained by the claimant. The record of what was said to the Tribunal would not indicate that a report was expected and I am not satisfied that there is any error in that record. The Tribunal did consider whether or not such a report was needed and, in my view quite reasonably, concluded that it was not.

5. I can find no error in the decision of the Tribunal in this or any other respect.
6. I therefore dismiss the application for leave to appeal.

(Signed): M F Brown

COMMISSIONER

14 September 1998