Decision No: C25/03-04(DLA)

SOCIAL SECURITY ADMINISTRATION (NORTHERN IRELAND) ACT 1992

SOCIAL SECURITY (NORTHERN IRELAND) ORDER 1998

DISABILITY LIVING ALLOWANCE

Application by the claimant for leave to appeal
and appeal to a Social Security Commissioner
on a question of law from a Tribunal’s decision
dated 22 October 2002

DECISION OF THE SOCIAL SECURITY COMMISSIONER

1.	This is an application by the claimant for leave to appeal against a decision dated 22 October 2002 of an Appeal Tribunal sitting at Belfast.  That Tribunal had disallowed the claimant’s appeal from a decision of the Department dated 17 May 2001 to the effect that the claimant was not entitled to disability living allowance (DLA) for her daughter from and including 14 June 2001.  The Department’s decision was made in respect of a renewal claim treated by the Department as made on 14 June 2001.  There was an existing award of the middle rate of the care component for the period from 9 June 1999 to 13 June 2001.  The decision on the renewal claim was therefore made before the renewal date (14 June 2001).  

2.	I grant leave.  I consider that I can properly decide this appeal without a hearing.

3.	Both Mr Hatton BL of the Law Centre (NI) representing the claimant and Miss Fleming of the Decision Making and Appeals Unit, representing the Department have expressed the view, based on decision C12/03-04(DLA) that the Department’s decision of 17 May 2001 was ultra vires and that there was therefore no valid decision on the renewal claim and the Tribunal erred by treating the decision as valid.

4.	I consider that, for the reasons set out in the above-mentioned decision, there was no valid decision on the renewal claim.  The Tribunal therefore erred by treating that decision as valid.  I set its decision aside for that reason.

5.	No valid decision has been made on the renewal claim.  It is a matter for the Department to decide on the renewal claim, if it has not already done so, and it is to be hoped that any such decision will be made as quickly as possible.  Should the claimant remain dissatisfied with that decision she will have the usual appeal rights in relation thereto. 

6.	Various issues have been raised to me in relation to the attention requirements etc.  I do not intend to go into those matters in this decision as to do so would considerably delay the issue of the decision.  It is for the claimant to put forward such evidence as she wishes as to the nature of the disabilities suffered by her daughter and any care, supervision or mobility needs arising therefrom.  The Department will no doubt investigate and consider the matter prior to making its decision on the renewal claim.

(signed):		M F Brown
Commissioner

28 October 2003