CI 12673/96

I directed an oral hearing of this appeal because it raised complex issues. The claimant, who indicated that he was in poor health, neither attended the hearing nor was represented. The Secretary of State was represented at the hearing by Mr Richard Morgan of the Office of the Solicitor to the Department of Social Security and Health who substantially adopted written submissions made by Mr C Richards. I am grateful to both Mr Richards and Mr Morgan for the clarity of their submissions which have greatly assisted me.

On 16 November 1992, the claimant made the "claim" which has led to the appeal before me. On that day there was received by the Benefits Agency, a form BI168(UA) completed by the claimant on 12 November 1992 and on which he applied for a review of his "assessment" on the grounds of "unforeseen aggravation". However, there was no current assessment of disablement and the claimant appears to have been advised by the Benefits Agency to make a statement on 25 May 1993, saying:-

"I wish to continue with my claim for unforeseen aggravation for my 5% assessment up to 23.9.57. If this is not possible, I wish this to be treated as a fresh claim."

"As your claim for unforeseen aggravation has been rejected, your claim is now being treated as a new claim. Therefore, would you please state the date you wish your claim to be accepted. (Previously you claimed from 16.1.57)."

The procedure under which the application in its original form was "rejected" is obscure but is not important in the context of this appeal. The application has now been reconstituted as a "claim", treated as made on 16 November 1992, for disablement benefit from 13 March 1986.