Northern Ireland - Social Security and Child Support Commissioners' Decisions

[2001] NISSCSC C7/01-02(IB) (18 June 2001)

 


Decision No: C7/01-02(IB)

SOCIAL SECURITY ADMINISTRATION (NORTHERN IRELAND) ACT 1992 SOCIAL SECURITY (NORTHERN IRELAND) ORDER 1998 INCAPACITY BENEFIT
Appeal on a question of law from the decision of Omagh Appeal Tribunal dated 4 October 2000 DECISION OF THE SOCIAL SECURITY COMMISSIONER
1. This is an appeal by the claimant against the decision of the said Tribunal that the claimant, having failed the Personal Capability Assessment, was not incapable of work and therefore not entitled to Incapacity Benefit from and including 19 June 2000.
2. Each of parties to the appeal has expressed the view that the decision appealed against was erroneous in point of law. 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 aside the said decision of the said Tribunal.
3. I refer the case to a freshly constituted Tribunal for re-determination.
4. I direct that Tribunal to set out clearly its assessment of the evidence in the case and in particular its view on any conflict in the medical evidence.

(Signed): M F Brown

COMMISSIONER

18 June 2001