Northern Ireland - Social Security and Child Support Commissioners' Decisions

[2004] NISSCSC C1/03-04(SDA) (3 February 2004)

 


Decision No: C1/03-04(SDA)

SOCIAL SECURITY (NORTHERN IRELAND) ORDER 1998 SOCIAL SECURITY COMMISSIONERS (PROCEDURE) REGULATIONS (NORTHERN IRELAND) 1999 SEVERE DISABLEMENT ALLOWANCE Application for leave to appeal and appeal to a Social Security Commissioner on a question of law from a Tribunal's decision dated 13 February 2003 DECISION OF A SOCIAL SECURITY COMMISSIONER
1. This is an application by the claimant against a decision dated 13 February 2003 of an Appeal Tribunal sitting at Belfast. That Tribunal disallowed the claimant's appeal in connection with severe disablement allowance (SDA). It upheld a Departmental decision dated 14 August 2002 which superseded an earlier decision dated 15 June 1999 awarding SDA.
2. I grant leave. I consider that this appeal can properly be decided without a hearing. Both the claimant and Mrs Gunning of the Decision Making and Appeals Unit (representing the Department) have expressed the view that the said Tribunal's decision is in error of law. Mrs Gunning has consented to her observations on the application being treated as observations on the appeal pursuant to regulation 18(1) of the above Regulations.
3. In exercise of my powers under Article 15(7) of the Order, I set aside the said decision of the Tribunal.
4. I refer the case to a differently constituted Tribunal for rehearing and redetermination.
5. I direct that Tribunal to make a determination as to whether the claimant was, at 14 August 2002, disabled for the purposes of section 68(6) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992. I further direct that such determination comply with paragraph 5(1) and (2) of Schedule 6 to that Act.
6. I direct that the Department prepare for the Tribunal a submission (1) as to the basis for the award of SDA to the claimant in the decision dated 15 June 1999 and (2) as to the situation in relation to any entitlement of the claimant to Disability Living Allowance as at 14 August 2002.
7. I further direct the Tribunal to determine and record whether or not the said decision of 15 June 1999 should be superseded on the grounds of a relevant change of circumstances.

(signed): M F Brown

Commmissioner

3 February 2004