Northern Ireland - Social Security and Child Support Commissioners' Decisions

[2000] NISSCSC C30/00-01(IB) (18 December 2000)

 


Decision No: C30/00-01(IB)

SOCIAL SECURITY ADMINISTRATION (NORTHERN IRELAND) ACT 1992 SOCIAL SECURITY (NORTHERN IRELAND) ORDER 1998 INCAPACITY BENEFIT Application for leave to appeal and appeal on a question of law from the decision of Belfast Appeal Tribunal dated 21 June 1999 DECISION OF THE SOCIAL SECURITY COMMISISONER
1. This is an application by the claimant for leave to appeal against the decision of the Tribunal to the effect that the claimant, having failed the All Work Test, is capable of work and therefore is not entitled to Incapacity Benefit from and including 11 March 1999.
2. Leave to appeal is granted.
3. By virtue of regulation 11(3) of the Social Security Commissioners (Procedure) Regulations (Northern Ireland) 1999, I treat and determine this application as an appeal as both parties have given their consent.
4. As each of the parties to the appeal have expressed the view that the decision appealed against was erroneous in point of law, (in that the statement of reasons for the Tribunal's decision was inadequate), in accordance with Article 15(7) of the Social Security Northern Ireland Order 1998 I exercise my discretion to allow the appeal and to set the Tribunal's decision aside and, accordingly, I refer the case to a freshly constituted Tribunal for re-determination.

(Signed): J A H MARTIN QC

CHIEF COMMISSIONER

18 DECEMBER 2000