Northern Ireland - Social Security and Child Support Commissioners' Decisions

[2003] NISSCSC C33/03-04(DLA) (2 December 2003)

 


Decision No: C33/03-04(DLA)

SOCIAL SECURITY ADMINISTRATION (NORTHERN IRELAND) ACT 1992 SOCIAL SECURITY (NORTHERN IRELAND) ORDER 1998 DISABILITY LIVING ALLOWANCE Application by the claimant for leave to appeal and appeal to a Social Security Commissioner on a question of law from a Tribunal's decision dated 16 April 2003 DECISION OF THE SOCIAL SECURITY COMMISSIONER
1. This is an application, by the claimant, for leave to appeal against a decision dated 16 April 2003 of an Appeal Tribunal sitting at Newry. I grant leave and with the consent of the claimant and of Mr Fletcher of the Decision Making and Appeals Unit of the Department treat the application as an appeal and proceed to determine any questions arising thereon as if they arose on appeal. The Tribunal disallowed the claimant's appeal against a Departmental decision dated 14 April 2002, to the effect that the claimant was not entitled to disability living allowance (DLA) from and including 3 May 2002.
2. The claimant had previously been the recipient of an award of DLA which was to expire on 2 May 2002. As he was entitled to do the claimant submitted on 21 November 2001 (within the 6 months prior to the renewal date of 3 May 2002) a renewal claim form. The Department disallowed the renewal claim as mentioned above and the claimant appealed to the Tribunal which disallowed his appeal.
3. The claimant appealed to me. The Department supported the appeal but not on the ground put forward by the claimant. I do not need to explore the claimant's grounds of appeal as I am setting the decision aside for the reasons put forward by the Department in Mr Fletcher's letter of 23 September 2003. Relying on my earlier decision C12/03-04(DLA), Mr Fletcher submits that the Tribunal's decision was in error of law because it upheld an invalid decision (that of 14 April 2002) by the Department. Mr Fletcher submitted that the Department's decision was invalid as the Department had no power to decide prior to the renewal date (3 May 2002) to disallow the renewal claim. I am in agreement with Mr Fletcher and set the Tribunal's decision aside for upholding an invalid decision by the Department.
4. It is now (the renewal date having passed) for the Department to make its decision on the renewal claim. It is to be hoped that this will be done as quickly as possible. If he is dissatisfied with that decision once made, the claimant will have appeal rights.

(signed): M F Brown

Commissioner

2 December 2003