Northern Ireland - Social Security and Child Support Commissioners' Decisions

 


[2004] NISSCSC C9/04-05(DLA) (21 October 2004)

Decision No: C9/04-05(DLA)

IRO SOPHIE (A CHILD)

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 November 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 such a hearing.
2. The claimant in this case is a child born on 14 September 1995. On her behalf her mother appeals against the decision of the Tribunal. The claimant's mother through her representative Mr Paisley, Junior MLA and through her own submissions, has submitted that the Tribunal erred in law.
3. The Department, through Mrs Gunning of the Decision Making and Appeals Unit, has also submitted that the Tribunal's decision was erroneous in law.
4. On 16 September 2004 I granted leave to appeal on the following grounds:-

"The decision may be wrong in law because it is arguable that the Tribunal misinterpreted the provisions of section 73 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 by not comparing the claimant's guidance and supervision needs arising from her disability with the needs of a child of her age without a disability."

5. It is clear that both parties have expressed the view that the decision appealed against was erroneous in point of law. I am also satisfied that the decision was erroneous in law on the grounds set out in the determination granting leave.
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. This Tribunal will be in the position to deal with any relevant further submissions made by or on behalf of the claimant's mother, in light of the evidence before the Tribunal and in light of the facts found by the Tribunal. In addition the tribunal should take account of what Mrs Commissioner Brown has stated in R1/03(DLA) and, in particular, paragraph 6.

(Signed): J A H MARTIN QC

CHIEF COMMISSIONER

21 October 2004