Northern Ireland - Social Security and Child Support Commissioners' Decisions

 


[2004] NISSCSC C19/04-05(DLA) (16 November 2004)

Decision No: C19/04-05(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 10 February 2004 DECISION OF THE SOCIAL SECURITY COMMISSIONER
1. Having considered the circumstances of the case I am satisfied that the appeal can properly be determined without a hearing.
2. The claimant, who is represented by Mr Doherty of the Carnhill Resource Centre, has submitted (inter alia), that the Tribunal ignored a report dated 26 August 2003 from Mr McC... FRCS and also failed to deal properly with the evidence of the Examining Medical Practitioner.
3. The Department, through Mrs Gunning of Decision Making Services, has submitted that the Tribunal's decision was erroneous in law in that it disregarded Mr McC...'s report and also failed to comment on the claimant's allegations that the EMP report was inadequate.
4. Leave to Appeal was granted by a Commissioner on the following grounds:

"It is arguable that the decision was wrong in law, because

i. the Tribunal disregarded a report from Mr McC... FRCS dated 26 August 2003, and

ii. the Tribunal did not deal with the claimant's criticism of the evidence of the EMP."

5. It is clear that both parties have expressed the view that the decision appealed against was erroneous in point of law.
6. 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 determination.

(Signed): J A H Martin QC

Chief Commissioner

16 November 2004