Application No: A13/93(IS)

SOCIAL SECURITY ADMINISTRATION (NORTHERN IRELAND) ACT 1992

SOCIAL SECURITY CONTRIBUTIONS AND BENEFITS
(NORTHERN IRELAND) ACT 1992

SOCIAL SECURITY (CONSEQUENTIAL PROVISIONS)
(NORTHERN IRELAND) ACT 1992

INCOME SUPPORT

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
Belfast Social Security Appeal Tribunal
dated 28 July 1993

	DETERMINATION OF THE SOCIAL SECURITY COMMISSIONER

1.	This is an application by the claimant for leave to appeal against the decision of the Social Security Appeal Tribunal which upheld the decision of an Adjudication Officer that claimant was not entitled to income support for any period earlier than 26 February 1993.  

2.	Briefly the facts are that the claimant is a widower with 2 sons aged 13 and 17 years of age whose wife died in 1988.  He made a claim for income support on 26 February 1993 but asked that it be back dated to 26 June 1988.  The Adjudication Officer rejected the claim for back dating.

3.	He appealed to a Social Security Appeal Tribunal.  In his notice of appeal he said that he thought because he was getting invalidity benefit he was not entitled to income support.

4.	The Social Security Appeal Tribunal went into the matter thoroughly and decided there was not good cause for the delay in making his claim.  The Tribunal was entitled to come to that decision on the evidence.  

5.	I arranged an oral hearing of the application at which the Adjudication Officer was represented by Mr McLaughlin, the claimant did not appear nor was he represented.  I have considered all the facts and documents in this case.  Claimant had been in receipt of other benefits since his wife died, in fact he was in receipt of a mobility allowance and attendance allowance and invalidity benefit, so he was not unfamiliar with the benefit system.

6.	Claimant in his notice of appeal said that the decision was against the rules of natural justice but there is no evidence to support that.  Claimant is not content with the decision, he feels aggrieved, but nevertheless that is not a point of law upon which the decision can be attacked.  I am satisfied the Tribunal did not err in law in its decision.

7.	For the reasons set out above leave to appeal is refused.

(Signed):  C C G McNally

COMMISSIONER