Northern Ireland - Social Security and Child Support Commissioners' Decisions

 


Decision No: C6/04-05(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 6 April 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 in this case is a child born on 9 November 2001. On his behalf his mother appeals against the decision of a Tribunal.
3. Leave to appeal was granted by the legally qualified member on 20 July 2004.
4. The claimant's mother, through her representative, Mr G, legal executive, of K J M, Solicitors, has submitted, inter alia, that the Tribunal erred in law by disregarding the General Practitioner's evidence and, accordingly the Tribunal reached an unreasonable finding which cannot be explained and cannot be justified in light of the evidence.
5. The Department, through Mr Kirk of Decision Making Services, has submitted that the Tribunal's decision was erroneous in law as it failed to give adequate reasons for rejecting the evidence contained in the General Practitioner's factual report.
6. Therefore it is clear that both parties have expressed the view that the decision appealed against was erroneous in point of law.
7. 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

24 November 2004