Northern Ireland - Social Security and Child Support Commissioners' Decisions

[2007] NISSCSC C10_06_07(IB) (14 February 2007)

Decision No: C10/06-07(IB)

SOCIAL SECURITY ADMINISTRATION (NORTHERN IRELAND) ACT 1992
SOCIAL SECURITY (NORTHERN IRELAND) ORDER 1998
SOCIAL SECURITY COMMISSIONERS (PROCEDURE) REGULATIONS (NORTHERN IRELAND) 1999
INCAPACITY BENEFIT
Application by the claimant for leave to appeal and appeal to a Social Security Commissioner on a question of law from a Tribunal's decision dated 22 March 2006
DECISION OF THE SOCIAL SECURITY COMMISSIONER
1. This case begins with an application by the claimant for leave to appeal against a decision dated 22 March 2006 of an appeal tribunal sitting at Londonderry. That tribunal disallowed an appeal by the claimant against a Departmental decision dated 12 September 2005 to the effect that the claimant had been overpaid incapacity benefit (IB) from 27 October 2003 to 28 November 2004 (both dates inclusive) in the sum of £5054.27 and that this overpayment was recoverable because it was made as a consequence of the claimant's failure to disclose the material fact that she was working.
   
2. Leave to appeal is granted. I consider that I can properly decide this appeal without a hearing. Both the claimant's representative, Ms McLaughlin of Neighbourhood Assist and Mr Sloan of Decision Making Services branch, representing the Department, have expressed the view that the said tribunal decision was in error of law. Their grounds for so doing differ. The ground put forward by Mr Sloan in his comprehensive observations dated 10 November 2006 was that the tribunal had erred in that it had not established the evidential basis of the claimant's duty of disclosure either in the form of order book instructions or information sent to her. It was for that reason that I granted leave to appeal.
   
3. In exercise of my powers under Article 15(7) of the above Order, I set aside the said decision. I remit the matter to a differently constituted tribunal for rehearing and re-determination. I direct that tribunal to establish the evidential basis upon which the requirement to disclose was founded. I direct the Department to prepare for the tribunal a submission setting out in full the evidential basis for its contention that disclosure was required. It should make reference to the judgment of the House of Lords in the case of Hinchy v Secretary of State for Work and Pensions [2005] UKHL 16. I direct the claimant to give serious consideration to attending the rehearing of her appeal and to be aware that the tribunal has power to proceed in her absence if she does not attend.

(signed):M F Brown

Commissioner

14 February 2007