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Neutral Citation Number:
Reported Number:	R(I) 5 02
File Number:	CI 3700 2000
Appellant:
Respondent:
Judge/Commissioner:	Three-Judge Panel / Tribunal of Commissioners
Date Of Decision:	20/12/2001
Date Added:	27/03/2002
Main Category:	Revisions, supersessions and reviews
Main Subcategory:	change of circumstances
Secondary Category:	Revisions, supersessions and reviews
Secondary Subcategory:	official error
Notes:	Supersession - disablement assessment decisions in transitional cases - whether refused claim can be superseded for change of circumstances The claimant suffered an accident and claimed disablement benefit. In 1992 an adjudicating medical practitioner made a final assessment at 10% for the period 6 March 1988 to 5 March 1993, and an adjudication officer refused the claim as the assessment was less than 14%. In November 1999 the claimant asked for his disablement to be looked at again. The claimant appealed to a tribunal against the decision-maker's decision, and in turn to the Commissioner, on the facts of the case. The Chief Commissioner directed that the appeal be heard by a Tribunal of Commissioners in view of the importance and difficulty of the issues arising out of the introduction of the new scheme of decision making introduced by the Social Security Act 1998 and the Social Security and Child Support (Decisions and Appeals) Regulations 1999. Held, allowing the appeal, that: 1. the 1992 decisions are to be treated as if they were made by the Secretary of State by virtue of the transitional provision in paragraph 4(1) of Schedule 12 to the Social Security Act 1998 (Commencement No. 8, and Savings and Consequential and Transitional Provisions) Order 1999; 2. those decisions were nevertheless not made by an "officer of the Department" so could not be superseded on grounds of "official error"; 3. under the new scheme a claim only runs until a decision is made on it by virtue of section 8(2)(a) of the Act; 4. a refusal of a claim cannot be superseded for relevant change of circumstances by virtue of section 8(2)(b) of the Act; 5. the assessment decision by the adjudicating medical practitioner had ongoing effect by virtue of section 47(5)(b) of the Social Security Administration Act 1992; 6. that decision could be superseded under section 10 of the Social Security Act 1998 by a decision in the same terms, or in different terms which may still not allow an award of disability benefit [R(DLA) 6/02]. [Note: This case was determined at the same time as the case reported as R(DLA) 6/02.]
Decision(s) to Download:	R(I) 5-02 ws.doc