JC -v- Department for Social Development (IB) (Supersession) [2011] NICom 177 (16 June 2015)

JC -v- Department for Social Development (IB) (Supersession) [2011] NICom 177 (16 June 2015)

Regulation 6(2)(g) allows supersession of incapacity benefit decisions solely on the basis of new medical evidence following an examination, without requiring a change of circumstances or mandatory consideration of previous assessments. The tribunal is only required to consider previous assessments if they are relevant to the determination of incapacity at the date of the supersession decision.

Citation
[2014] AACR 30
Parties
Appellant: JC; Respondent: Department for Social Development
Jurisdiction
Northern Ireland
Judgment Date
16 June 2015
Procedural Posture
Social Security Appeal / Appeal Before Tribunal of Social Security Commissioners
Outcome
appeal dismissed
Legal Topics
Incapacity Benefit, Supersession of Benefit Decisions, Personal Capability Assessment, Tribunal Procedure, Medical Evidence
Social Security Law Administrative Law Incapacity Benefit Supersession of Benefit Decisions Personal Capability Assessment Tribunal Procedure Medical Evidence

Case Brief

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Parties

JC

Appellant

Department for Social Development

Respondent

Procedural Posture

Social Security Appeal / Appeal Before Tribunal of Social Security Commissioners

Legal Issues

  1. 1 Whether regulation 6(2)(g) of the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999 requires a tribunal to consider papers relating to previous personal capability assessments when superseding an incapacity benefit decision.

Ratio Decidendi

Regulation 6(2)(g) allows supersession of incapacity benefit decisions solely on the basis of new medical evidence following an examination, without requiring a change of circumstances or mandatory consideration of previous assessments. The tribunal is only required to consider previous assessments if they are relevant to the determination of incapacity at the date of the supersession decision.

Court Disposition

appeal dismissed

Orders

  • The decision of the appeal tribunal dated 18 September 2008 is not in error of law.
  • The appeal to the Social Security Commissioners does not succeed.