Northern Ireland - Social Security and Child Support Commissioners' Decisions

[2004] NISSCSC C2/04-05(DLA) (17 August 2004)

 


Decision No: C2/04-05(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 13 October 2003

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. Leave to appeal was granted by a Commissioner on 29 June 2004 on the following grounds: -

"It is arguable that the decision was wrong in law, because the Tribunal has failed to deal with the claimant's contention that migraine headaches affect his ability to walk, especially as the record of proceedings has recorded that the claimant has problems walking whilst the statement of reasons states that the claimant stated that he had no problem walking due to headaches."

3. The claimant, who is represented by Ms Joanne Simpson of Ards Citizens Advice Bureau, has contended that the Tribunal failed to consider whether the claimant's migraine headaches affected his mobility and, accordingly, the Tribunal failed to make sufficient findings of fact on the key questions at issue.
4. The Department, which is represented by Mr Kirk of the Decision Making and Appeals Unit, has supported the claimant's contentions and has submitted, inter alia, in a letter dated 10 May 2004 that the Tribunal has clearly not dealt with the claimant's contention that the migraine headaches affect his ability to walk and, by failing so to do, the Tribunal has erred in law.
5. Therefore 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

17 August 2004