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Northern Ireland - Social Security and Child Support Commissioners' Decisions
You are here: BAILII >> Databases >> Northern Ireland - Social Security and Child Support Commissioners' Decisions >> [2003] NISSCSC C20/03-04(IB) (14 May 2004)
URL: http://www.bailii.org/nie/cases/NISSCSC/2003/C20_03-04(IB).html
Cite as: [2003] NISSCSC C20/03-04(IB), [2003] NISSCSC C20/3-4(IB)
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- Having considered the circumstances of the case and any reasons put forward in the request for a hearing, I am satisfied that the appeal can properly be determined without a hearing.
- Leave to appeal was granted by a Commissioner on 16 April 2004.
- The claimant, through his representative, Mrs Carty, solicitor, of the Law Centre (NI), has submitted that the Tribunal erred in law: -
- The Department, through Mrs Gunning of the Decision Making and Appeals Unit, has agreed that the Tribunal has erred in law in these respects and has supported the claimant's appeal.
- Therefore it is clear that both parties have expressed the view that the decision appealed against was erroneous in point of law.
- Accordingly, pursuant to the powers conferred on me by Article 15(7) of the Social Security (Northern Ireland) Order 1998, I set aside the decision appealed against and I refer the case to a differently constituted Tribunal for redetermination.
[2003] NISSCSC C20/03-04(IB) (14 May 2004)
Decision No: C20/03-04(IB)
(i) in failing to consider the issue of mental health;
(ii) in failing to set out an adequate statement of reasons for its decision.
(signed): J A H Martin QC
Chief Commissioner
14 May 2004