Northern Ireland - Social Security and Child Support Commissioners' Decisions

[2006] NISSCSC C10_05_06(IB) (20 February 2006)

Decision No: C10/05-06(IB)

SOCIAL SECURITY ADMINISTRATION (NORTHERN IRELAND) ACT 1992 SOCIAL SECURITY (NORTHERN IRELAND) ORDER 1998
INCAPACITY BENEFIT Application for leave to appeal and appeal on a question of law from a Tribunal's decision dated 21 June 2004 DECISION OF THE SOCIAL SECURITY COMMISSIONER
1. This is an application by the claimant for leave to appeal against the decision of the tribunal.
   
2. A hearing of the application took place on 1 February 2006 at which the claimant was represented by Ms Loughrey, Law Centre (NI), while the Department was represented by Mr Sloan of Decision Making Services. Leave to appeal is granted.
   
3. The claimant, through his representative, submitted, inter alia, that the tribunal erred in law by failing to address one of the applicant's grounds of appeal, namely, the issue whether the claimant had provided medical evidence of his incapacity for work for the period from 10 October 2003 to 5 December 2003.
   
4. The Department, through Mr Sloan, accepted that the tribunal had erred in law in this respect.
   
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.
   
7. In the circumstances I direct the Department to prepare an updated submission for this tribunal and I also direct the Tribunal Appeals Service to make appropriate arrangements to enable the claimant, if he so wishes, to have an oral hearing of the appeal. For the removal of any doubt, I also direct the tribunal to deal, not only with the issue set out at paragraph 3 herein, but also with all relevant issues in the appeal.

John A H Martin QC

Chief Commissioner

20 February 2006