Northern Ireland - Social Security and Child Support Commissioners' Decisions

 


[2005] NISSCSC C8_05_06(DLA) (28 June 2005)

Decision No: C8/05-06(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 11 March 2004 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. Mr Stan Druse, of Armagh and District Citizens Advice Bureau, on behalf of the claimant has submitted as follows:-

(i) the Tribunal has erred in finding that the overpayment in this case was recoverable, as the claimant had misrepresented a material fact, in circumstances where the question before the Tribunal was whether the claimant had failed to disclose;

(ii) the Tribunal had erred in law in finding that the claimant was informed by letter by the Department of the need to report changes in her circumstances;

(iii) the Tribunal erred in finding that the claimant did know that her condition had improved; and

(iii) the Tribunal erred in reaching the assumption that the claimant knew the reasons why she was receiving benefit.

3. Mr Gerard Flynn, of Decision Making Services on behalf of the Department, submitted by letter dated 22 February 2005 that the Tribunal had erred in law by accepting that the letter issued by the Department had similar instructions to that of the specimen letter produced.
4. A Commissioner on 2 June 2005 granted leave to appeal on the following grounds:-

"It is arguable that the decision was wrong in law, because the Tribunal failed to establish the evidential basis on which the recovery of the overpayment was founded."

5. Therefore, it is clear that both parties, through their representatives, 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 re-determination.

(signed):J A H Martin QC

Chief Commissioner

28 June 2005