Northern Ireland - Social Security and Child Support Commissioners' Decisions

[2003] NISSCSC C2/03-04(IS) (18 June 2003)

 


Decision No: C2/03-04(IS)

SOCIAL SECURITY ADMINISTRATION (NORTHERN IRELAND) ACT 1992 SOCIAL SECURITY (NORTHERN IRELAND) ORDER 1998 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 29 October 2002 DECISION OF THE SOCIAL SECURITY COMMISSIONER
1. This is an application by the claimant for leave to appeal against a decision dated 29 October 2002 of an Appeal Tribunal sitting at Belfast.
2. I grant leave. Both parties to the appeal have expressed the view that the said decision was in error of law. In exercise of my powers under Article 15(7) of the above Order, I set the said decision aside and remit the matter to a differently constituted Appeal Tribunal for re-hearing and re-determination.
3. I direct the Department to obtain and to put before that Tribunal its best evidence as to the Order Book instructions contained in the claimant's Income Support Order Book during the period 8 March 2002 to 8 April 2002.
4. I further direct the Department to prepare for the Tribunal a written submission on the relevance to this appeal of the decision of the Court of Appeal in England and Wales in the case of Hinchy –v- Secretary of State for Work and Pensions [2003] EWCA Civ.138 and of any pending appeal from that decision to the House of Lords.

MOYA F BROWN

COMMISSIONER

18 JUNE 2003