Northern Ireland - Social Security and Child Support Commissioners' Decisions

[1999] NISSCSC C58/99-00(IB) (6 June 2000)

 


Decision No: C58/99-00(IB)

SOCIAL SECURITY ADMINISTRATION (NORTHERN IRELAND) ACT 1992

SOCIAL SECURITY (NORTHERN IRELAND) ORDER 1998

INCAPACITY BENEFIT

Appeal to the Social Security Commissioner

on a question of law from a Tribunal's decision

dated 17 August 1999

DECISION OF THE SOCIAL SECURITY COMMISSIONER

1. This is an appeal by the claimant, leave having been granted by myself, against a decision of a Social Security Appeal Tribunal (hereinafter called "the Tribunal") sitting at Belfast. The decision is dated 17th August 1999. Both Mr Fletcher, representing the decision maker (formerly known as the Adjudication Officer) and Mr McVeigh of the Northern Ireland Association of Citizens Advice Bureau, representing the claimant were in agreement that the decision was in error of law.
2. The reason was that the Tribunal's decision was a majority decision and the reasons for the dissent by the minority member were not recorded. There was an obligation to record these reasons under regulation 23(3D) of the Social Security (Adjudication) Regulations (Northern Ireland) 1995 which states:-

"Where a decision is not unanimous, the statement referred to in paragraph (93A) [the statement of the reasons for the Tribunal's decision and of its findings on questions of material fact] shall record that one of the members dissented and the reasons given by him for dissenting."

and which was in force at the time of the Tribunal's decision.

3. The Tribunal had recorded that one of the members dissented but had not recorded any reasons nor had it indicated that the member had not given any reasons.
4. It thus appears that the Tribunal decision did not fulfil the mandatory requirements of regulation 23(3D) of the said Regulations.
5. I set the decision aside as in error of law for the above reason and remit the matter for re-hearing by a differently constituted unified Tribunal. If the question of a majority decision should arise that Tribunal should abide by the provisions of the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999 and in particular regulation 53(5) thereof which essentially re-enacts the provisions of regulation 23(3D) which is no longer in force.

(Signed): M.F. Brown

Commissioner

6 June 2000