Northern Ireland - Social Security and Child Support Commissioners' Decisions

[2003] NISSCSC C8/02-03(DLA) (2 April 2003)

 


Decision No: C8/02-03(DLA)

SOCIAL SECURITY ADMINISTRATION (NORTHERN IRELAND) ACT 1992 SOCIAL SECURITY (NORTHERN IRELAND) ORDER 1998
DISABILITY LIVING ALLOWANCE
Appeal to a Social Security Commissioner on a question of law from a Tribunal's decision dated 15 March 2002. DECISION OF THE SOCIAL SECURITY COMMISSIONER
1. This is an appeal, leave having been granted by the legally qualified panel member, by the claimant against a decision dated 15 March 2002 of an Appeal Tribunal sitting at Belfast. Both parties to the appeal have expressed the view that the said decision was in error of law.
2. In exercise of my powers under Article 15(7) of the above Order, I set aside the decision of the Tribunal and remit the matter to a differently constituted Appeal Tribunal for re-hearing and re-determination.
3. I direct the Department to prepare for the Tribunal a written submission as to the grounds for supersession of the decision of 21 November 1994 (both as to the grounds which actually were used to found the supersession and as to those which it now considers should be used) and supply a copy to the claimant.
4. I direct the claimant's representative to prepare for the Tribunal a written submission as to the grounds on which the representative considers that the decision of 21 November 1994 should be superseded and copy that submission to the Department.

(Signed): M F Brown

COMMISSIONER

2 April 2003