Decision No: C15/97(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

Appeal to the Social Security Commissioner
on a question of law from the decision of the
Belfast Disability Appeal Tribunal
dated 3 January 1997

	DECISION OF THE SOCIAL SECURITY COMMISSIONER

1.	This is an appeal by the Adjudication Officer against the decision of a Disability Appeal Tribunal (DAT) and it comes with leave of the Chairman.

2.	Briefly the facts are that the claimant is seriously ill with pseudocyst of the pancreas and other complications.  The Tribunal made a decision that he could walk a maximum of 50 yards without severe discomfort if he takes his time and if his other conditions, including asthma, are not too bad.  It found he was virtually unable to walk and was entitled to the higher rate mobility from 4 February 1997 for life.  It held that from 8 May 1996 to 3 February 1997 the mobility component was disallowed, and that the period from 4 November 1996 to 3 February 1997 was the qualifying period.  As far as the care component was concerned, he was awarded the higher rate care component from 7 February 1997 with a qualifying period from 4 November 1996 to 3 February 1997, but that the period from 8 May 1996 to 3 February 1997 was disallowed.

3.	The Adjudication Officer appealed on the grounds that the Tribunal erred in law as follows:-

		"The Tribunal erred in law by making an award of disability
		living allowance on 3 January 1997 from 4 February 1997.  This
		is because -

		1.	the award is an advance award not falling within regulation
			13A and 13C of the claims and payments regulations.

		2.	the tribunal made a finding consistent with the claimant
			satisfying the condition in S72(1)(a) of the Social Security
			Contributions and Benefits (NI) Act 1992 (ie virtually
			unable to walk) from April 1996 but decided that entitlement
			to the mobility component did not commence until 
			4 February 1997."

4.	I have considered all the circumstances in this case and I have read all the documents.  I am satisfied that the appeal can be determined without a hearing.  Having read all the documents I am satisfied that the Adjudication Officer is correct.  The Tribunal made a finding consistent with claimant satisfying the conditions of entitlement to the higher rate mobility from April 1996.  I am also satisfied that the same applies to the care component and that claimant was entitled to the highest rate care component from 8 May 1996.  At that time the qualifying period for both components had been passed because of his condition.

5.	I therefore allow the appeal and set aside the decision of the Tribunal. I am satisfied that this is a proper case in which I should exercise the powers vested in me to give the decision which the Tribunal should have given, namely that claimant is entitled to the high rate mobility component and the highest rate of the care component from 8 May 1996 for life.  I am satisfied that at that point the qualifying period began long before February 1996.

(Signed):  C C G McNally

COMMISSIONER

14 May 1997