Application No: A66/98(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 by the above-named claimant for
leave to appeal to the Social Security Commissioner
on a question of law from the decision of the
Londonderry Disability Appeal Tribunal
dated 27 May 1998

DETERMINATION OF THE SOCIAL SECURITY COMMISSIONER

1.	This is an application for leave to appeal against a decision dated 27 May 1998 of a Disability Appeal Tribunal (hereinafter called "the Tribunal") sitting at Londonderry.  The Tribunal had disallowed Mr S...'s appeal against an Adjudication Officer's decision dated 2 April 1998, which confirmed an earlier decision disallowing Disability Living Allowance.

2.	I held an oral hearing of the application which Mr S... attended and which Mrs Gunning of Central Adjudication Services attended to represent the Adjudication Officer.

3.	Mr S...'s grounds of appeal, set out in the OSSC1 form dated 6 January 1996 and letters attached thereto and in subsequent letters to the Commissioners Office, undated received on 3 July 1998, 9 July 1998, dated 10 July 1998, undated received on 16 July 1998, 23 July 1998, 11 August 1998, 18 August 1998, dated 20 August 1998, 1 September 1998, 17 September 1998 and 24 September 1998.  I have read all the papers in this case.  In essence as he confirmed at hearing, Mr S...'s grounds of appeal consisted of his submission that Adjudication Officers in their decisions of 20 January 1998 and 13 March 1998, and the Tribunal in its decision, had erred in not having arranged for him to be medically examined.  Mr S... was of the view that the Social Security Contributions and Benefits (Northern Ireland) Order 1992 and the Social Security (Adjudication) Regulations (Northern Ireland) 1995 provided that he must be so examined.  He was unable to cite the relevant provisions at hearing. 

4.	In correspondence Mr S... mentioned various provisions but none of them compelled Adjudication Officers nor indeed the Disability Appeal Tribunal to obtain medical reports.

5.	I can find no error of law in the Tribunal not obtaining a medical report (nor indeed in the Adjudication Officers not obtaining same).  Both Adjudication Officers and Disability Appeal Tribunals have power to refer questions for medical or other reports but neither are obliged to do so.  The Tribunal was therefore not in breach of any obligation of law in not obtaining a report.

6.	When making its decision the Tribunal had GP records and a factual report dated 12 January 1998 from the claimant's General Practitioner.  On the evidence before it the Tribunal's decision appears sustainable and I can find no error of law in it in terms of legal provisions or natural justice.  I therefore dismiss the application.

(Signed):  MF Brown

COMMISSIONER

7 October 1998