Decision No: C22/03-04(DLA)

SOCIAL SECURITY ADMINISTRATION (NORTHERN IRELAND) ACT 1992

SOCIAL SECURITY (NORTHERN IRELAND) ORDER 1998

DISABILITY LIVING ALLOWANCE

Appeal to a Social Security Commissioner
on a question of law from a Tribunal's decision
dated 1 August 2002

DECISION OF THE SOCIAL SECURITY COMMISSIONER

1.	This is an appeal, leave having been granted by me, by the claimant against a decision dated 1 August 2002 of an Appeal Tribunal sitting at Armagh.  The background facts of the case are that the claimant had been awarded disability living allowance (DLA) from 9 April 1997 to 2 April 2002.  As he was entitled to do, the claimant made a renewal claim on 14 November 2001 within the period of 6 months prior to the renewal date of 3 April 2002.  The Department, as it was entitled to do, treated the renewal claim as made on the renewal date.  However, it then proceeded to disallow the renewal claim and to disallow DLA from and including 3 April 2002.  The claimant appealed to the Tribunal which disallowed his appeal and confirmed the Department’s decision.

2.	The claimant’s grounds for appeal to me were contained in an OSSC1 form received in the Commissioners’ Office on 2 May 2003.  Essentially the grounds were that his condition had not improved since he had been awarded DLA.

3.	The appeal was supported by the Department but not on the grounds put forward by the claimant.  In a letter dated 4 November 2003 from Mrs Gunning of the Decision Making and Appeals Unit, the Department submitted that for the reasons given in my decision in C12/03-04(DLA) the Department’s decision disallowing the renewal claim was invalid having been made outside the Department’s powers.  Mrs Gunning submitted that the Tribunal had erred by treating as valid the Department’s invalid decision.

4.	I am in agreement with Mrs Gunning that the decision disallowing the renewal claim in advance of the renewal date was outside the Department’s powers.  I am further in agreement with Mrs Gunning that the Tribunal erred by treating as valid an invalid decision and I set the Tribunal’s decision aside for that reason.

5.	As regards the claimant’s grounds of appeal, it is not necessary that I make any comment on them save to say that they appear to be an attempt to have the facts of the case reheard rather than indicating an error of law on the part of the Tribunal.

6.	The present situation appears to be that the Department has yet to make a valid decision on the renewal claim.  The renewal date having now passed it will now be able to do so whether that decision is to award DLA or to refuse it.  It is to be hoped that the Department will make that decision as quickly as possible.  If the claimant is dissatisfied with that decision he will have appeal rights to a Tribunal against it.

7.	For the reasons set out above the appeal is allowed.

(signed):  M F Brown

Commissioner

14 January 2004