Northern Ireland - Social Security and Child Support Commissioners' Decisions

[2001] NISSCSC C28/01-02(IB) (10 June 2002)

 


Decision No: C28/01-02(IB)

SOCIAL SECURITY ADMINISTRATION (NORTHERN IRELAND) ACT 1992
SOCIAL SECURITY (NORTHERN IRELAND) ORDER 1998 INCAPACITY BENEFIT Appeal to a Social Security Commissioner on a question of law from a Tribunal's decision dated 25 October 2000 DECISION OF THE SOCIAL SECURITY COMMISSIONER

Each of the principal parties to this appeal having expressed the view that the Tribunal's decision dated 25 October 2000 was erroneous in point of law, I exercise my powers under Article 14(7) of the above Order and set aside the said decision.

I remit the matter to a differently constituted Tribunal for re-hearing and re-determination. I direct that Tribunal, if dealing with descriptors 8(c) and (d) of the Personal Capability Assessment, to explore the claimant's lifting and carrying capacity at the time of the decision under appeal and to endeavour to ascertain in full the advice given to the claimant by her gynaecologist with regard to lifting and carrying at the relevant time.

I direct the Legally Qualified Panel Member to give consideration to issuing such directions as would assist in these matters.

(Signed): M F BROWN

COMMISSIONER

10 JUNE 2002