Northern Ireland - Social Security and Child Support Commissioners' Decisions

[2003] NISSCSC C5/03-04(DLA) (10 September 2003)

 


Decision No: C5/03-04(DLA)

IRO: MATTHEW (A CHILD)
SOCIAL SECURITY ADMINISTRATION (NORTHERN IRELAND) ACT 1992 SOCIAL SECURITY (NORTHERN IRELAND) ORDER 1998 DISABILITY LIVING ALLOWANCE Appeal to a Social Security Commissioner on a question of law from a Tribunal's decision dated 7 October 2002 DECISION OF THE SOCIAL SECURITY COMMISSIONER
1. This is an appeal, leave having been granted by me, by the claimant against a decision dated 7 October 2002 of an Appeal Tribunal sitting at Belfast. That Tribunal had upheld a Departmental decision dated 24 February 2002 to disallow disability living allowance (DLA) to the claimant's son. The disallowance decision was made on foot of a renewal claim. The claimant's son had been in receipt of an award of DLA which was due to expire on 17 May 2002. The Department's decision refusing the renewal claim was therefore made in advance of the renewal date, 18 May 2002. In the appeal to me the claimant was represented by Mr McVeigh of the Citizens Advice Bureau and the Department by Mrs Gunning of the Decision Making and Appeals Unit. I am grateful to both representatives for their assistance.
2. Both parties to the appeal have expressed the view that in light of my decision C12/03-04(DLA) the Departmental decision was ultra vires. I agree and consider that the Tribunal erred in law in upholding a Departmental decision which was ultra vires. I therefore set aside the said Tribunal's decision. It is now up to the Department to make a decision on the renewal claim dated 18 December 2001 (unless it has already done so). The claimant, should she be dissatisfied with that decision will have appeal rights against it. As any such decision will be made after the renewal date it will be within the Department's powers.

(signed): M F Brown

Commissioner

10 September 2003