Application No: A29/03-04(IB)

SOCIAL SECURITY ADMINISTRATION (NORTHERN IRELAND) ACT 1992

SOCIAL SECURITY (NORTHERN IRELAND) ORDER 1998

INCAPACITY BENEFIT

	Application by the above-named for
	leave to appeal to a Social Security Commissioner
	on a question of law from a Tribunal's decision
	dated 2 April 2003

	DETERMINATION OF THE SOCIAL SECURITY COMMISSIONER

I refuse leave to appeal.

REASONS

Having considered the circumstances of the case I am satisfied that the application can properly be determined without a hearing.

There is no arguable case that the Tribunal’s decision was wrong in law.

The Tribunal was properly constituted.  The Tribunal analysed the evidence rationally and in accordance with common sense.  It made all necessary findings of fact material to its decision.  There was evidence to support each of those findings.  On those findings of fact, the Tribunal was entitled to make the decision that it did.  There is nothing to suggest that the Tribunal misunderstood or misapplied the law.  The full statement of the Tribunal’s decision contains a detailed explanation of the reasons why the Tribunal made the decision that it did.  There was no breach of the principles of natural justice or Human Rights.  
In particular:

In light of the provisions of regulation 49(4) of the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999 it was entirely reasonable for the Tribunal to proceed in the absence of the claimant and his representative, having regard to the fact that the appeal had been listed twice before.

It is not reasonably arguable that the claimant can rely on the provisions of Article 6(1) of the European Convention on Human Rights (and the Human Rights Act 1998) as it is established law that the guarantee of a public hearing does not extend to persons such as the claimant, as his conduct has not been brought into question.

In addition it is clear that the Tribunal dealt properly with the relevant issues in the case in light of the medical evidence.  Accordingly, in light of that evidence, the claimant never had any reasonable prospect of satisfying the Tribunal that he could pass the personal capability assessment.

It must be borne in mind that a tribunal is entitled to draw its own inferences and reach its own conclusions and however profoundly a Commissioner, as an appellate tribunal on an appeal from a tribunal on a point of law, may disagree with its views of the facts, he or she is not able to upset the tribunal’s conclusions unless:

(a)	there is no or no sufficient evidence to found them – which may occur when the inference or conclusion is based not on any facts but on speculation by the tribunal, or

(b)	the primary facts do not justify the inference or conclusion drawn but lead irresistibly to the opposite conclusion, so that the conclusion reached may be regarded as perverse.

In this case I neither express disagreement nor agreement with the Tribunal’s inferences and conclusions.  However, even if I were in disagreement, that does not render the decision erroneous in point of law as the Tribunal’s conclusions are based on sufficient evidence, its assessment of the evidence was reasonable and the primary facts found justify the conclusion.

It must also be borne in mind that the Tribunal is not entitled to take into account any circumstances not obtaining at the time when the decision appealed against was made, namely 11 November 2002, by reason of the provisions of Article 13(8)(b) of the Social Security (Northern Ireland) Order 1998.

(Signed):
JOHN A H MARTIN QC
CHIEF COMMISSIONER

(Dated):	18 March 2004