Deuters, R (on the application of) v Secretary of State for Work and Pensions

Deuters, R (on the application of) v Secretary of State for Work and Pensions

The Appeal Tribunal had jurisdiction to consider the abatement issue, and the Commissioner's refusal of leave to appeal on that issue was erroneous. The judicial review claim regarding Disability Living Allowance was out of time and disclosed no arguable error of law.

Parties
Claimant: Nadine Ruth Deuters; Defendant: Social Security Commissioners; Interested Party: Secretary of State for Work and Pensions
Jurisdiction
England and Wales
Judgment Date
29 March 2004
Procedural Posture
Judicial Review / Judgment on Permission and Substantive Review
Outcome
Partial grant and partial refusal of judicial review
Legal Topics
Judicial Review, Incapacity Benefit, Disability Living Allowance, Jurisdiction of Appeal Tribunal, Leave to Appeal, Human Rights
Administrative Law Social Security Law Judicial Review Incapacity Benefit Disability Living Allowance Jurisdiction of Appeal Tribunal Leave to Appeal Human Rights

Case Brief

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Parties

Nadine Ruth Deuters

Claimant

Social Security Commissioners

Defendant

Secretary of State for Work and Pensions

Interested Party

Procedural Posture

Judicial Review / Judgment on Permission and Substantive Review

Legal Issues

  1. 1 Whether the Appeal Tribunal had jurisdiction to consider the appeal on abatement of Incapacity Benefit
  2. 2 Whether the Social Security Commissioner erred in refusing leave to appeal
  3. 3 Whether the refusal of Disability Living Allowance involved an error of law

Ratio Decidendi

The Appeal Tribunal had jurisdiction to consider the abatement issue, and the Commissioner's refusal of leave to appeal on that issue was erroneous. The judicial review claim regarding Disability Living Allowance was out of time and disclosed no arguable error of law.

Court Disposition

Partial grant and partial refusal of judicial review

Orders

  • Commissioner's refusal of leave on the abatement issue quashed; issue remitted to the Appeal Tribunal for consideration on its merits (CO/2490/2003)
  • Renewed application for permission to proceed with claim regarding Disability Living Allowance refused (CO/3412/2003)