Northern Ireland - Social Security and Child Support Commissioners' Decisions

 


[2008] NISSCSC C13_07_08(DLA) (5 February 2008)

Decision No: C13/07-08(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 24 October 2006 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. It has been submitted by the claimant's mother on behalf of the claimant that, inter alia, the tribunal has erred in law as it has not made clear why the claimant's claim "is only being turned down now as his condition has not changed (if anything it has got worse)."
3. The Department, through Mr Hinton of Decision Making Services, has submitted that the tribunal's decision was erroneous in law as it "has failed to adequately explain why the award was not being renewed and the test set in R(M)1/96 has not been satisfied" and that "the standard of reasoning falls short of what is required of a tribunal."
4. Leave to appeal was granted by a Commissioner on 18 December 2007 for the following reasons:

"It is arguable that the decision was wrong in law, because the tribunal has failed to explain adequately why the award was not being renewed."

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. In the circumstances I direct that this tribunal takes into account those matters set out in the judgment of the Court of Appeal in Quinn v Department for Social Development [2004] NICA 22 at paragraphs 40 and 41. [This judgment is appended to R3/04(DLA)].

(signed):

John A H Martin QC

Chief Commissioner

5 February 2008

C130708DLA.JM