Northern Ireland - Social Security and Child Support Commissioners' Decisions

[2002] NISSCSC C7/02-03(IB) (22 July 2002)

 


Decision No: C7/02-03(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 21 May 2001
DECISION OF THE SOCIAL SECURITY COMMISSIONER

Both parties to the appeal have expressed the view that the decision appealed against was erroneous in point of law. In exercise of my powers under Article 15(7) of the Social Security (Northern Ireland) Order 1998, I hereby set aside the decision dated 21 May 2001 of the Appeal Tribunal.

I refer the case to a differently constituted Appeal Tribunal for rehearing and redetermination and direct the Tribunal Chairman to record the reasons for the decision and to record clearly the Tribunal's scoring on the Personal Capability Assessment. If the Tribunal's decision is a majority decision the Tribunal Chairman should also adequately record the minority reasons.

(Signed): M. F. Brown

COMMISSIONER

22 July 2002