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You are here: BAILII >> Databases >> Northern Ireland - Social Security and Child Support Commissioners' Decisions >> [2003] NISSCSC C8/03-04(DLA) (27 October 2003) URL: http://www.bailii.org/nie/cases/NISSCSC/2003/C8_03-04(DLA).html Cite as: [2003] NISSCSC C8/3-4(DLA), [2003] NISSCSC C8/03-04(DLA) |
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[2003] NISSCSC C8/03-04(DLA) (27 October 2003)
Decision No: C8/03-04(DLA)
"If each of the principal parties to the appeal expresses the view that the decision appealed against was erroneous in point of law, the Commissioner may set aside the decision and refer the case to a tribunal with directions for its determination."
However, as it is not appropriate for me to refer the case to a tribunal even though I find that the Tribunal's decision was erroneous, the case cannot be dealt with under the Article 15(7) expedited procedure. Nevertheless the matter can be dealt with fairly shortly.
"[The claimant] had been awarded the middle rate of the care component of Disability Living Allowance (DLA) for a period up to and including 3 March 2002. On 10 October 2001 form DLA580 was received in the Department. This was treated as a renewal claim from 4 March 2002, i.e. the day after the expiry of the existing award. On 3 February 2002 a decision maker decided that [the claimant] was not entitled to DLA from and including 4 March 2002.
The issue of the refusal of a renewal claim before the date on which it is treated as made was considered by Mrs Commissioner Brown in decision C12/03-04(DLA). The Commissioner held that once the Department has treated a claim as made on a certain date, the only decision which can be given prior to that date is to award benefit; a claim cannot be disallowed before the date on which it is treated as having been made (paragraphs 35-39).
In this case the decision under appeal to the Tribunal was on the renewal claim which was treated as having been made on 4 March 2002. That claim was disallowed on 3 February 2002, one month before the accepted date of claim. If the rationale in C12/03-04(DLA) is applied to this case, the decision of 3 February 2002 is ultra vires, there is no valid decision on the renewal claim and the Tribunal erred by treating the decision as valid.
I would therefore resile from my earlier submission of 15 April 2003 opposing the application and for the reason stated above I would now support the appeal.
If the Commissioner accepts my submission I would respectfully suggest that the case be remitted back to the Department to decide the renewal claim as the date on which that claim was treated as made has been reached."
"Having considered those observations together with Commissioners decision C12/03-04(DLA) we concur with both the view expressed and the course of action suggested."
(signed): J A H Martin QC
Chief Commissioner
27 October 2003