Northern Ireland - Social Security and Child Support Commissioners' Decisions

[2002] NISSCSC C20/02-03(IS) (20 March 2003)

 


Decision No: C20/02-03(IS)

SOCIAL SECURITY (NORTHERN IRELAND) ORDER 1998 SOCIAL SECURITY COMMISSIONERS (PROCEDURE) REGULATIONS (NORTHERN IRELAND 1999
INCOME SUPPORT

Application by the claimant for leave to appeal

and appeal to a Social Security Commissioner

on a question of law from a Tribunal's decision

dated 13 April 2001. DECISION OF THE SOCIAL SECURITY COMMISSIONER
1. This is an application by the claimant for leave to appeal against a decision dated 13 April 2001 of an Appeal Tribunal sitting at Belfast. I grant leave. Both parties to the appeal have expressed the view that the decision of the Tribunal was in error of law. In exercise of my powers under Article 15(7) of the above Order, I set aside the said Tribunal's decision and remit the matter to a differently constituted Appeal Tribunal for re-hearing and re-determination.
2. I direct the Department to present to that Tribunal evidence as to the order book declarations and instructions in use at the time of the alleged overpayment.

(Signed): M F BROWN

COMMISSIONER

(Dated): 20 MARCH 2003