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Neutral Citation Number:
Reported Number:	R(DLA)11/02
File Number:	CDLA 3324 2001
Appellant:
Respondent:
Judge/Commissioner:	Judge E. Jacobs
Date Of Decision:	22/11/2001
Date Added:	27/03/2002
Main Category:	DLA, AA, MA: general
Main Subcategory:	qualifying periods
Secondary Category:
Secondary Subcategory:
Notes:	Duration of award - whether any minimum period The claimant's claim for disability living allowance was treated as made on 26 April 2000. It was refused and the claimant appealed to the appeal tribunal. By the time of the hearing she had made a successful claim, for which the effective date of award was 27 September 2000 (although the tribunal knew only that the award was dated sometime in September). The tribunal, while minded to make an award, declined to do so on the basis that the claimant did not satisfy the provisions of section 72(2) of the Social Security Contributions and Benefits Act 1992. In the claimant's case, the qualifying period in section 72(2)(a) was not satisfied until 28 July 2000 (which was therefore the earliest date on which an award could begin). However, section 72(2)(b) also required that the claimant was likely to continue to satisfy the substantive conditions of entitlement throughout the period of six months beginning with the earliest date of award. As the claimant was already in receipt of an award from September, the tribunal found that her case did not satisfy the latter requirement. Held, allowing the appeal, that: 1. section 72(2)(b) does not in its terms limit the period of award which can be made; 2. rather, it only imposes a requirement that it must be likely that one of the conditions of entitlement set out in section 72(1) will be satisfied for a further six months - if a claimant's disablement is likely to last for longer it is irrelevant that part of that period is covered by a later award. The Commissioner set aside the tribunal's decision and remitted the case to a differently constituted appeal tribunal.
Decision(s) to Download:	R(DLA)1102ws.doc