McDoom v Secretary Of State For Social Security [2002] EWCA Civ 70 (24 January 2002)

McDoom v Secretary Of State For Social Security [2002] EWCA Civ 70 (24 January 2002)

There was no error of law in the Tribunal or Commissioner's decision; the evidence did not sufficiently establish a special dietary need prior to 23 April 1981, and the findings as to the commencement date were reasonable.

Citation
[2002] EWCA Civ 70
Parties
Claimant/applicant: Fazil McDoom; Defendant/respondent: Secretary of State for Social Security
Jurisdiction
England and Wales
Judgment Date
24 January 2002
Procedural Posture
Appeal / Application for Permission to Appeal
Outcome
Permission to appeal refused
Legal Topics
Disability Benefits, Dietary Needs, Backdating of Benefits, Tribunal Appeals
Social Security Law Disability Benefits Dietary Needs Backdating of Benefits Tribunal Appeals

Case Brief

Summary, issues, holding and outcome

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Parties

Fazil McDoom

Claimant/applicant

Secretary of State for Social Security

Defendant/respondent

Procedural Posture

Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether Mr McDoom was entitled to higher rate benefit payments for dietary needs prior to 23 April 1981
  2. 2 Whether there was an error of law in the Tribunal or Commissioner's decision regarding the commencement date for special dietary needs

Ratio Decidendi

There was no error of law in the Tribunal or Commissioner's decision; the evidence did not sufficiently establish a special dietary need prior to 23 April 1981, and the findings as to the commencement date were reasonable.

Court Disposition

Permission to appeal refused

Orders

  • Permission to appeal refused