Northern Ireland - Social Security and Child Support Commissioners' Decisions

[2003] NISSCSC C31/03-04(DLA) (18 November 2003)

 


Decision No: C31/03-04(DLA)

SOCIAL SECURITY ADMINISTRATION (NORTHERN IRELAND) ACT 1992
SOCIAL SECURITY (NORTHERN IRELAND) ORDER 1998 DISABILITY LIVING ALLOWANCE Application by the claimant for leave to a Social Security Commissioner on a question of law from a Tribunal's decision dated 24 February 2003 DETERMINATION OF THE SOCIAL SECURITY COMMISSIONER
1. This is an application, by the claimant, for leave to appeal against a decision dated 24 February 2003 of an Appeal Tribunal sitting at Belfast. That Tribunal had allowed the claimant's appeal against a Departmental decision in connection with a renewal claim for disability living allowance (DLA). I grant leave. With the consent of both parties I treat the application as an appeal and proceed to determine any questions arising thereon as if they arose on appeal. The background to the case is that the claimant had been in receipt of an award of DLA from 19 October 2000 to 18 October 2002. As he was entitled to do he made a renewal claim on 27 May 2002 (within 6 months of the expiry date of the existing award). The Department, as it was entitled to do treated the claim as made on 19 October 2002 (the renewal date). However, the Department then disallowed DLA from the renewal date. The claimant appealed to the Tribunal which allowed his appeal and awarded the middle rate of the care component of DLA for a fixed period from 19 October 2002. It disallowed the mobility component of DLA from that date.
2. The claimant appealed to me against the Tribunal's decision on the basis that the reasoning was not adequate to explain it and that the Tribunal had failed to take into consideration his individual condition. The appeal appeared to relate only to the refusal of the mobility component. However, DLA is a single benefit and if the decision is erroneous in law in relation to one component, the entire decision will be set aside as in error of law.
3. The Department supported the appeal but on different grounds. It made observations on the appeal by letter dated 28 August 2003 from Ms Fleming of the Decision Making and Appeals Unit. Ms Fleming observed that, applying the rationale of decision C12/03-04(DLA), he Department's decision of 4 September 2002 was ultra vires and the Tribunal's decision invalid.
4. I consider that the Department's decision of 4 September 2002 was ultra vires (outside its powers) and that the Tribunal's decision was in error in treating it as valid. The decision is set aside for that reason.
5. It remains for the Department to make a decision on the renewal claim. It is to be hoped that any such decision will be made as quickly as possible. Should the claimant disagree with the Department's new decision he will have the usual appeal rights against it.

(signed): M F Brown

Commissioner

18 November 2003