Decision No: C13/03-04(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 24 February 2003 

	DECISION OF THE SOCIAL SECURITY COMMISSIONER

1.	This is an appeal, leave having been given by me, by the claimant, against a decision dated 24 February 2003 of an Appeal Tribunal sitting at Belfast.  The appeal is supported by the Department though not on the grounds put forward by the claimant.

2.	The Department, represented by Mr Toner of the Decision Making and Appeals Unit, supports the appeal on the basis that the Departmental decision dated 2 September 2002 which the Tribunal upheld was ultra vires for the reasons given in decision C12/03-04(DLA).

3.	I held in that decision that since the Department treated a renewal claim for disability living allowance (DLA) as made on the renewal date, the only decision which it could give on that claim, prior to that date, was to award benefit.  It could not disallow benefit before that date.

4.	In this present case the claim was a renewal claim, the earlier award being due to expire on 3 January 2003.  The claim was treated by the Department as having been made on 4 January 2003 (the renewal date) and disallowed on 2 September 2002.  The decision, for the reasons set out in C12/03-04(DLA), was ultra vires.

5.	I set aside the Tribunal’s decision as in error of law for treating as valid an invalid decision.

6.	The renewal claim of 4 January 2003 remains to be considered by the Department.  It is to be hoped that a decision will quickly issue thereon.  If the claimant is dissatisfied with the decision she will have the usual appeal rights.

	(Signed):  M F Brown

	COMMISSIONER

	1 October 2003