Decision No: A64/96(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 for leave to appeal to the
Social Security Commissioner
on a question of law from the decision of the
Disability Appeal Tribunal
dated 14 February 1996

	DETERMINATION OF THE SOCIAL SECURITY COMMISSIONER

1.	The claimant in this case is a child of 8.  On her behalf her mother seeks leave to appeal against the decision of the Disability Appeal Tribunal sitting at Belfast, whereby it was held that the claimant was not entitled to the care component of disability living allowance.

2.	The claimant's mobility has never been in question, and the case concerns only the care component of the allowance.  She suffers from mild eczema, but this is said to be well controlled, and the basis of her claim is that she requires attention at night arising from the fact that she suffers from enuresis.  There were two hearings by the same Tribunal when the following findings of fact were recorded:-

		(Hearing on 28 September 1995)

		"1.	Claimant suffers from enuresis.

		2.	Claimant suffers from relatively mild (but controlled) eczema.

		3.	Claimant requires repeated attention at night due to bed
			wetting (at least on two occasions at night, Mother's support
			and presence is required)."

		(Hearing on 14 February 1996)

		1.	Earlier findings regarding hearing in September 1995 confirmed.

		2.	No urinary tract infection (save occasional infections).

		3.	K… has behavioural problems manifested by enuresis and
			her attitudes to her mother and others.

		4.	No structural abnormality in renal tract which would cause
			such enuresis.

		5.	No evidence of a mental disorder of any kind.

		6.	At night repeated attention required for change of linen
			etc due to bed-wetting."

	The Tribunal's reasons for decision were:-

		"There is no evidence of severe physical or mental disability
		affecting K... (as opposed to behavioural factors confirmed
		by General Practitioner and hospital notes)."

3.	The grounds of the claimant's application for leave to appeal to the Commissioner are that the Tribunal erred in law in that they accepted that the claimant had substantial night-time needs and required repeated attention but they still disallowed the claim.  The Notice of Application was accompanied by a letter from Mr M   , Research Assistant to Mr Joe Hendron MP, in which it was said that the Tribunal had evidently made a distinction between "behavioural problems" and "bed wetting problems", both of which had been accepted, and "physical or mental disability".  The result had been that, despite concluding that the claimant required repeated attention at night, no award had been made.

4.	Mr M…'s understanding of the reasoning underlying the Tribunal's decision is in my view entirely correct.  I am, however, also of the opinion that it does not disclose any error in point of law on the part of the Tribunal.  Entitlement to the care component of disability living allowance is dependent upon the satisfaction by the claimant of the conditions set out in section 72(1) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992, the relevant provisions of which are as follows:-

		"72(1)  Subject to the provisions of this Act, a person shall be
		entitled to the care component of a disability living allowance for
		any period throughout which -

		(a) 	...

		(b)	...

		(c)	He is so severely disabled physically or mentally that, at 
			night, -

			(i)	he requires from another person prolonged or repeated
				attention in connection with his bodily functions; or
		
			(ii)	...."

	The Appeal Tribunal, (and other adjudicating authorities), had accordingly to consider whether the claimant's acknowledged need for attention at night was caused by a severe physical or mental disability.  Having found that the need was not so caused -and on the evidence at their disposal I am satisfied that such a conclusion was justified - the Tribunal correctly held that the claimant was not entitled to the care component of disability living allowance.  Accordingly, while I can well understand Mrs O'…'s disappointment at the disallowance of her daughter's claim, I consider that the grounds upon which she seeks leave to appeal against the Tribunal's decision are without foundation.

5.	I have also considered whether there is any other ground for holding that the decision of the Disability Appeal Tribunal is or may be erroneous in point of law and have reached the conclusion that there is not.  Leave to appeal will accordingly be refused.

(Signed):  R R Chambers
CHIEF COMMISSIONER

24 June 1996