Northern Ireland - Social Security and Child Support Commissioners' Decisions

 


[2006] NISSCSC C21_05_06(DLA) (22 September 2006)

Decision No: C21/05-06(DLA)

SOCIAL SECURITY ADMINISTRATION (NORTHERN IRELAND) ACT 1992
SOCIAL SECURITY (NORTHERN IRELAND) ORDER 1998
SOCIAL SECURITY COMMISSIONERS (PROCEDURE) REGULATIONS (NORTHERN IRELAND) 1999
DISABILITY LIVING ALLOWANCE
Appeal to a Social Security Commissioner on a question of law from a Tribunal's decision dated 10 June 2005
DECISION OF THE SOCIAL SECURITY COMMISSIONER
1. This is an appeal, leave having been granted by the legally qualified panel member, against a decision dated 10 June 2005 of an appeal tribunal sitting at Belfast. Both Mr Murdock of Lisburn Citizens Advice Bureau, representing the claimant and Mr Kirk of Decision Making Services, representing the Department, have expressed the view that the decision is in error of law.
2. Mr Kirk's submission related to the fact that the tribunal had failed to have regard to decision R(IB)2/04 and the provisions of Article 11(5) of the Social Security (Northern Ireland) Order 1998.
3. In exercise of my powers under Article 15(7) of the above Order, I set aside the said tribunal decision and remit the matter to a differently constituted tribunal for rehearing and re-determination.
4. I direct the new tribunal to decide, bearing in mind decision R(IB)2/04 whether the Department's decision of 9 May 2004 was taken on the Department's own initiative and if so to apply the provisions of Article 11(5) and (6) of the above Order. I further direct the tribunal to consider the claimant's application for supersession dated 23 May 2002.
5. I direct the Department to prepare for the new tribunal a submission:

(1) correcting any misprints of dates in its submission to the original tribunal; and

(2) setting out its views on the application of decision R(IB)2/04 and Article 11(5) and (6).

(signed): M F Brown

Commissioner

22 September 2006