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Social Security Case Law - Winter 2024

Summaries of recent cases on social security law and practice.

TM v Department for Communities (PIP) [2024] NICom32

You can read the full judgment ‘here‘.

Headnote

It is necessary for the Tribunal to consider whether an appeal can be determined without a hearing – even in cases where an appellant has opted for a paper hearing.

Background

The appellant in this case opted to have their appeal hearing dealt with by way of a paper determination and ticked the completed TAS form confirming this choice and agreeing that they would receive a notification of the decision of their appeal. Following a decision from the Tribunal denying the appellant’s claim for PIP, the appellant appealed to the Commissioner to set aside the decision as the appellant had not been present and able to respond to certain critical issues under consideration.

Legal Issue

The Commissioner had to determine whether the Tribunal had acted in a procedurally fair way by going ahead with a paper hearing, despite making references to feeling ‘stymied’ or ‘hindered’ in its inquisitorial role without having the appellant present. Did the appeal tribunal err in law by failing to consider whether to adjourn the hearing to permit the attendance of the appellant and for him to give oral evidence, in spite of his stated wish to have the appeal decided by way of a ‘paper’ hearing?

Decision

With both parties supporting the application for appeal, the Commissioner remitted the case to a fresh Tribunal with directions and noting previously discussed case law that:

‘The appeal tribunal was not bound by its initial decision to proceed in the appellant’s absence.  In line with the principles set out in the jurisprudence above, the inquisitorial role and the interests of justice mandated that it pondered whether an adjournment was appropriate.’

The Commissioner also clarified and directed that the appeal tribunal should take any evidence of subsequent claims to PIP into account in line with the principle set out in C20/04-05 (DLA).

Relevant Legislation

  • Regulation 57 of the Social Security & Child Support (Decisions & Appeals) Regulations (NI) 1999

Relevant Case Law

  • MM v SSWP (ESA) [2011] UKUT 334 (AAC)
  • JP v SSWP (IB) [2011] UKUT 459 (AAC)
  • SW v SSWP (ESA) [2012] UKUT 76 (AAC)
  • C6/05-06(IB)
  • CDLA/1347/1999
  • CDLA/1552/1998
  • RH v Department for Communities (PIP) ([2022] NIComm08
  • C20/04-05(DLA)