- Posts: 51075
- Forum
- Members forums
- ESA, PIP and DLA Queries and Results
- Access to Reported decisions of SS Commissioners
× Members
Access to Reported decisions of SS Commissioners
- Andrew Richards
- Topic Author
9 years 6 months ago #125901 by Andrew Richards
Access to Reported decisions of SS Commissioners was created by Andrew Richards
Good evening
I would welcome your advice on how to gain access to the following Reported decisions of the Social Security Commissioners (I'm aware that this title was superseded in 2008, but I believe the decisions in question pre-date that):
- R(S) 10/52
- R(S) 2/69
- R(S) 4/74
- R(P) 2/73
I am representing my daughter, who has had a Mandatory Reconsideration in respect of DLA rejected, quoting the above reports. If I understand the naming scheme correctly, I believe the final two digits represent the year in question, in which case I actually find it rather hard to believe the DWP needs to reference case law going back to 1952, but that's another matter.
I have searched the following online sources, but without any joy:
www.administrativeappeals.tribunals.gov....isions/decisions.htm
webarchive.nationalarchives.gov.uk/20100...f-the-commissioners/
I tried Rightsnet, but without a subscription you can't access the database.
Can you advise if any of the above decisions are available anywhere?
I would welcome your advice on how to gain access to the following Reported decisions of the Social Security Commissioners (I'm aware that this title was superseded in 2008, but I believe the decisions in question pre-date that):
- R(S) 10/52
- R(S) 2/69
- R(S) 4/74
- R(P) 2/73
I am representing my daughter, who has had a Mandatory Reconsideration in respect of DLA rejected, quoting the above reports. If I understand the naming scheme correctly, I believe the final two digits represent the year in question, in which case I actually find it rather hard to believe the DWP needs to reference case law going back to 1952, but that's another matter.
I have searched the following online sources, but without any joy:
www.administrativeappeals.tribunals.gov....isions/decisions.htm
webarchive.nationalarchives.gov.uk/20100...f-the-commissioners/
I tried Rightsnet, but without a subscription you can't access the database.
Can you advise if any of the above decisions are available anywhere?
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
9 years 6 months ago #125903 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Access to Reported decisions of SS Commissioners
AR
Welcome to the forum
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
These are not DLA Case Law as they pre-date the introduction of DLA in 1992, I'll try and see if I can find them but a quick internet search has only turned up one hit and that is a reference to one of them in another document.
Unless the refusal was due to a point of law, your primary goal in an MR and/or appeal is to show that your daughter meets the DLA criteria, you should have received a Statement of Reasons that explains on which points the DWP feel your daughter did not qualify.
Gordon
Welcome to the forum
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
These are not DLA Case Law as they pre-date the introduction of DLA in 1992, I'll try and see if I can find them but a quick internet search has only turned up one hit and that is a reference to one of them in another document.
Unless the refusal was due to a point of law, your primary goal in an MR and/or appeal is to show that your daughter meets the DLA criteria, you should have received a Statement of Reasons that explains on which points the DWP feel your daughter did not qualify.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51075
9 years 6 months ago #125905 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Access to Reported decisions of SS Commissioners
Andrew
A quick question, are you in Northern Ireland?
Gordon
A quick question, are you in Northern Ireland?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- Andrew Richards
- Topic Author
9 years 6 months ago #125907 by Andrew Richards
Replied by Andrew Richards on topic Access to Reported decisions of SS Commissioners
Hi Gordon
Thanks for the swift reply. I've fixed the problem with my full name showing.
The case is quite complex and does actually relate to a point of law. I realise you can't help with specific cases, but some background might help.
My daughter is a recipient of a lifetime DLA award. She is now a student and had a year abroad in Japan as part of her studies. This meant she had a Temporary Absence of more than 13 weeks from the UK which resulted in her losing her entitlement to DLA. However, under the Past Presence test we are arguing that her entitlement to DLA should be restored six months after her return to the UK. I can find nothing in the Regulations that prevents the continued application of the entitlement tests for a lifetime award.
As you might expect, the Department has taken its time to digest this (correspondence dates from April) but with the MR we are now free to appeal to the First Tier Tribunal. But I first want to be sure there is isn't some case law to trip us up.
Regards, Andrew
Thanks for the swift reply. I've fixed the problem with my full name showing.
The case is quite complex and does actually relate to a point of law. I realise you can't help with specific cases, but some background might help.
My daughter is a recipient of a lifetime DLA award. She is now a student and had a year abroad in Japan as part of her studies. This meant she had a Temporary Absence of more than 13 weeks from the UK which resulted in her losing her entitlement to DLA. However, under the Past Presence test we are arguing that her entitlement to DLA should be restored six months after her return to the UK. I can find nothing in the Regulations that prevents the continued application of the entitlement tests for a lifetime award.
As you might expect, the Department has taken its time to digest this (correspondence dates from April) but with the MR we are now free to appeal to the First Tier Tribunal. But I first want to be sure there is isn't some case law to trip us up.
Regards, Andrew
Please Log in or Create an account to join the conversation.
- Andrew Richards
- Topic Author
9 years 6 months ago #125908 by Andrew Richards
Replied by Andrew Richards on topic Access to Reported decisions of SS Commissioners
No, I'm in England
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51075
9 years 6 months ago - 9 years 6 months ago #125911 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Access to Reported decisions of SS Commissioners
Andrew
All I can find are references to these documents, not the documents themselves.
R(S) 10/52 and R(S) 2/69 appear to include a definition of "being treated or receiving treatment" and what is not deemed to be treatment, they make reference to being in and out of the UK so may be relevant.
The reference to R(A)4/74) is in connection to a definition of what is meant by the word "night"
I can't find anything about R(P) 2/73
If it helps I am doing an internet search for "case law" with the document number and I am restricting it to documents in the UK.
Gordon
All I can find are references to these documents, not the documents themselves.
R(S) 10/52 and R(S) 2/69 appear to include a definition of "being treated or receiving treatment" and what is not deemed to be treatment, they make reference to being in and out of the UK so may be relevant.
The reference to R(A)4/74) is in connection to a definition of what is meant by the word "night"
I can't find anything about R(P) 2/73
If it helps I am doing an internet search for "case law" with the document number and I am restricting it to documents in the UK.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 9 years 6 months ago by Gordon.
The following user(s) said Thank You: Andrew Richards
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, jimmck, Chris