CIS_428_1991
[1992] UKSSCSC CIS_428_1991 (02 December 1992)
R(IS) 11/93
Mr. D. G. Rice CIS/428/1991
2.12.92
Review - revised decision sought from 1979 - whether tribunal entitled to revise decision from 1973
The claimant had been in receipt of supplementary benefit since 25 April 1973. The claimant's appointee asked for a review of her supplementary benefit with effect from 15 January 1979. She asked for payment to cover the extra baths and laundry needs arising from the claimant's incontinence. The adjudication officer awarded additional requirements for baths and laundry from 24 November 1980, the date that prescribed payments for these needs were introduced.
On appeal the tribunal went further than had been initially requested and trade an award retrospectively from 25 April 1973. But they reduced the number of extra baths because the claimant's father was in receipt of a concessionary fuel allowance. The claimant's appointee appealed to the Commissioner.
Held that:
- the tribunal should not have had regard to the concessionary fuel allowance when awarding an allowance for baths (para. 4);
- an award of supplementary benefit or income support continues in force until that award is reviewed and revised. The revised decision replaces the original decision on the award and benefit is paid on the basis of that revised decision. A claimant's entitlement to the relevant benefit is determined by the decision currently in operation (para. 5);
- a decision which has been reviewed and revised ceases to have any effect for the purposes of current entitlement. That decision remains open to review, providing grounds to review are established, and a revised decision may be made covering the period during which that decision operated (para. 5);
- the tribunal were entitled to review the decision of 25 April 1973 as a question first arising on appeal, under section 36(1) of the Social Security Administration Act 1992. In doing so they, like the adjudication officer, were bound to consider the effect of regulations 69 and 72 of the Social Security (Adjudication) Regulations 1986 (paras. 6 and 7).
The appeal was allowed the Commissioner substituted his own decision to the effect that the award was reviewed and revised from 25 April 1973.
DECISION OF THE SOCIAL SECURITY COMMISSIONER
(i) that the claimant is entitled to additional requirements for laundry and baths from 24 November 1980, and
(ii) that she is also entitled from 25 April 1973 to 23 November 1980 to "exceptional circumstances additions" to cover the cost of extra baths (at the rate of one per day) and laundry, and also extra clothing damaged through tearing.
Date: 2 December 1992 (signed) Mr. D. G. Rice
Commissioner