Secretary of State for Work and Pensions v Morina [2007] EWCA Civ 749, [2007] All ER (D) 353 (Jul)
The central point of law to be determined was whether a social security commissioner has jurisdiction to hear an appeal from a legally qualified panel member (LQPM) who has refused to extend time or who has struck out a proposed appeal for want of jurisdiction.
It was held that the Social Security Act 1998 contemplates that some decisions of the social security appeal tribunal may be made by a single, legally qualified, member. It follows that a decision of a LQPM sitting alone is to be regarded as a decision of the appeal tribunal for the purpose of determining whether the commissioner has jurisdiction to hear an appeal from the decision.
Where a commissioner refuses leave to appeal against a substantive tribunal decision, his refusal is susceptible to judicial review.Moreover, if a decision of the LQPM is unappealable to the commissioners, it is susceptible to judicial review.
