The Social Security (Introduction of Disability Living Allowance) Regulations 1991

Appeals to Commissioners from decisions of the Attendance Allowance Board

23.—(1) This regulation applies where—

(a) a person has appealed to the Commissioner against a determination of the Attendance Allowance Board under section 106(2) of the 1975 Act; and

(b) the Commissioner determines the appeal on or after 16th March 1992.

(2) Where the Commissioner holds that the Board’s decision was erroneous in point of law, he shall set it aside and—

(a) he shall have the power—

(i) to give the decision which he considers the Board should have given, if he can do so without making fresh or further findings of fact; or

(ii) if he considers it expedient, to make such findings and to give such decision as he considers appropriate in the light of them; or

(b) in any other case he shall refer the case for second tier adjudication with directions for its determination.

(3) Where in accordance with paragraph (2)(a) the Commissioner gives the decision himself, he shall refer that decision to the adjudication officer with directions to determine the claim or application for review from which the appeal to the Commissioner arose.