[2006] UKSSCSC CDLA_3429_2006 (31 July 2006)

DECISION OF THE SOCIAL SECURITY COMMISSIONER
1.	My decision is given under section 14(8)(a)(i) of the Social Security Act 1998 and regulation 28(2) of the Social Security Commissioners (Procedure) Regulations 1999. It is:
I SET ASIDE the decision of the Stratford appeal tribunal, held on 29 June 2004 under reference U/42/144/2003/01397, because it is erroneous in point of law.
I give the decision that the appeal tribunal should have given, with the consent of the parties.
My DECISION is:
The claimant is entitled to a disability living allowance consisting of the mobility component at the higher rate and the care component at the lowest rate (attention) for the inclusive period from 13 November 2002 to 12 November 2005.
I direct that any sum already paid in respect of the period covered by this award be offset against arrears of entitlement under it and, to the extent that the sum does not exceed the arrears, treated as made on account of them: see Case 1 under regulation 5 of the Social Security (Payments on account, Overpayments and Recovery) Regulations 1988.

The appeal to the Commissioner
2.	This is an appeal to a Commissioner against the decision of the appeal tribunal. On giving directions on the appeal, Mr Commissioner Williams suggested a decision that might be substituted for that given by the appeal tribunal. The parties have agreed that he may give that decision. I have given the decision in his stead, as he is on leave.
3.	As the decision is given with the consent of the parties, I am absolved of the duty to give reasons by virtue of regulation 28(2) of the Social Security Commissioners (Procedure) Regulations 1999. However, Mr Commissioner Williams explained in his grant of leave why he considered the award to be appropriate. 

Signed on original
on 16 November 2004	Edward Jacobs
Commissioner