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Neutral Citation Number:
Reported Number:	R(DLA) 2 01
File Number:	CDLA 2934 1999
Appellant:
Respondent:
Judge/Commissioner:	Judge E. Jacobs
Date Of Decision:	21/10/1999
Date Added:	26/03/2002
Main Category:	Tribunal procedure and practice (including UT)
Main Subcategory:	evidence
Secondary Category:
Secondary Subcategory:
Notes:	Tribunal practice - evidence of disablement produced after the date of the decision under appeal - whether admissible evidence of circumstances obtaining at the date of the decision The claimant's claim for disability living allowance was refused. He sought a review of that decision, which was refused on 15 September 1998. In early October 1998 the claimant appealed to a disability appeal tribunal. He also submitted further evidence in support of his claim consisting of a letter from his GP dated 3 November 1998. The tribunal refused the appeal, recording that they heard the appeal on the basis of the evidence that was before the adjudication officer when he determined the review. The claimant appealed to the Commissioner. Held, allowing the appeal, that: 1. by virtue of section 33(7) Social Security Administration Act 1992 of the Social Security Act 1998; (i) in the case of disability living allowance the tribunal's jurisdiction was limited to the inclusive period from the date of the claim to the date of the decision under appeal (para. 9); (ii) evidence was not admissible if it related to a period later in time than the period within the tribunal's jurisdiction but the tribunal was not limited to evidence that was before the officer who made the decision under appeal or that was in existence at the date of that decision providing the evidence related to the period within the tribunal's jurisdiction (para. 9); 2. the same reasoning applied in the following provisions, all of which were in the same terms; (i) section 22(8) Social Security Administration At 1992 (ii) section 20(5) Child Support Act 1991 (iii) section 12(8) Social Security Act 1998 (iv) section 20(7) Child Support Act 1991 (para. 14); 3. the tribunal erred in law by rejecting the claimant's oral evidence at the hearing, his written evidence submitted in his letter of appeal two weeks after the adjudication officer's decision and any relevant evidence contained in the letter from his GP (paras. 10 to13).
Decision(s) to Download:	dla2_01.doc