Northern Ireland - Social Security and Child Support Commissioners' Decisions

[2003] NISSCSC C12/03-04(IS) (24 March 2004)

 


Decision No: C12/03-04(IS)

SOCIAL SECURITY ADMINISTRATION (NORTHERN IRELAND) ACT 1992 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 21 May 2003 DECISION OF THE SOCIAL SECURITY COMMISSIONER
1. This is an application by the claimant for leave to appeal against a decision dated 21 May 2003 of an Appeal Tribunal sitting at Belfast. I grant leave and with the consent of Mr Sloan for the Department and Mr McVeigh of Northern Ireland Association of Citizens Advice Bureau representing the claimant I treat the application as an appeal and determine any question arising thereon as if it arose on appeal.
   
2. Both parties have expressed the view that the above decision was in error of law.
   
3. In exercise of my powers under Article 15(7) of the above Order, I set aside the said Tribunal decision and refer the case to a differently constituted Tribunal for rehearing.
   
4. I direct that new Tribunal to: -

(1) Satisfy itself as to the content of the order book declarations signed by the claimant and as to the instructions issued to the claimant (in both cases appropriate to the overpayment period).


(2) Make adequate findings of fact in relation to the alleged disclosure to the Northern Ireland Housing Executive.


(3) Consider whether disclosure to the Department was reasonably to be expected in all the circumstances.

M F Brown

Commissioner

24 March 2004