Northern Ireland - Social Security and Child Support Commissioners' Decisions

LW-v-Department for Social Development (ESA) [2012] NICom 342

 

                                                            Decision No: C2/12-13(ESA)

 

 

 

 

            SOCIAL SECURITY ADMINISTRATION (NORTHERN IRELAND) ACT 1992

 

                        SOCIAL SECURITY (NORTHERN IRELAND) ORDER 1998

 

 

                                EMPLOYMENT AND SUPPORT ALLOWANCE

 

 

 

                                      Appeal to a Social Security Commissioner

                                  on a question of law from a Tribunal's decision

                                                       dated 11 January 2012

 

                       DECISION OF THE SOCIAL SECURITY COMMISSIONER

 

 

1.         The appellant appeals on point of law from the decision of an appeal tribunal which sat at Lurgan on 11 January 2012.

 

2.                     The grounds on which the appellant had sought leave to appeal were that:

 

(i)            the appeal tribunal erred in law by unreasonably proceeding to hear his case in his absence despite his request for an adjournment based on a valid reason;

 

(ii)          by proceeding in his absence and in the absence of his wife the tribunal conducted his appeal unfairly and not in accordance with the principles of natural justice.

 

3.         The legally qualified member of the appeal tribunal granted leave to appeal, and when granting leave, sought clarification on the correct criteria to be applied in adjournment requests.

 

4.         The Department agrees that the decision of the appeal tribunal is in error of law.

 

5.         Having considered the facts of the case and the decision of the tribunal, I consider that the decision of the appeal tribunal was in breach of the rules of natural justice and in error of law. Therefore, I set it aside. I remit the appeal to be reheard by a newly constituted tribunal under Article 15(8)(b) of the Social Security (NI) Order 1998.

 

6.         In accordance with regulation 28(2) of the Social Security Commissioner (Procedure) Regulations (NI) 1999, with the consent of the parties, I do not include reasons for my decision.

 

7.         I do not give reasons on this occasion because it is anticipated that a decision of a Tribunal of Commissioners will soon give guidance on the principles to be applied in cases involving requests for adjournment and postponement, and I do not wish to delay the promulgation of this decision to await the decision of the Tribunal of Commissioners.

 

 

 

            (Signed):  O Stockman

 

            COMMISSIONER

 

 

 

            27 November 2012