The appellant, a recipient of disability benefits, applied for a retroactive special diet allowance for the period from June 1998 to November 2003.
The Director denied the application, and the Social Benefits Tribunal dismissed the subsequent appeal.
On appeal to the Divisional Court, the appellant argued the Tribunal erred in law by not applying the relevant regulation retroactively and breached natural justice by requiring corroborative evidence without notice.
The Divisional Court dismissed the appeal, finding the Tribunal made no error of law in determining the facts did not justify a retroactive award, and held there was no breach of procedural fairness as the onus was on the appellant to prove his claim.