Northern Ireland - Social Security and Child Support Commissioners' Decisions

PC-v-Department for Social Development (DLA) [2010] NICom 82

                    Decision No: C28/10-11(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 21 August 2009

                   DECISION OF THE SOCIAL SECURITY COMMISSIONER

1.       Having considered the circumstances of the case, I am satisfied that the appeal can properly be determined without a hearing.

2.       The claimant, through his representative Ms Kyne of Citizens Advice Bureau, has submitted that the tribunal erred in law.  The Department, through Mr S Toner of Decision Making Services, has also submitted that the tribunal’s decision was erroneous in law.

3.       A Commissioner on 19 May 2010 granted leave to appeal for the following reasons:

“It is arguable that the decision was wrong in law, because the tribunal failed to deal with material medical evidence contained in a report from Dr Bindal dated 1 April 2009.”

4.       It is clear that both parties have expressed the view that the decision appealed against was erroneous in point of law. 

5.       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.

          (Signed):  J A H Martin

          CHIEF COMMISSIONER

          31 August 2010