Northern Ireland - Social Security and Child Support Commissioners' Decisions

[2004] NISSCSC C47/03-04(DLA) (8 June 2004)

 


Decision No: C47/03-04(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 19 June 2003

DECISION OF THE SOCIAL SECURITY COMMISSIONER

1. Having considered the circumstances of the case and any reasons put forward in the request for a hearing, I am satisfied that the appeal can properly be determined without a hearing.
2. The claimant, who is represented by Mr McL, has submitted that the Tribunal's decision was erroneous in point of law.
3. A Commissioner granted leave to appeal on 1 April 2004 on the following grounds: -

"It is arguable that the decision was wrong in law, because there is an issue as to whether the Tribunal was correct not to deal with the claimant's possible entitlement to the care component of disability living allowance at the lowest rate (cooking test)."

4. The Department, through Mr Kirk of the Decision Making and Appeals Unit, has submitted by letter dated 27 April 2004, that the Tribunal's decision was erroneous in that the Tribunal did not exercise its inquisitorial role as it did not deal with the possible entitlement to the lower rate care component of disability living allowance.
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):John A H Martin QC

Chief Commissioner

8 June 2004