Commissioner's File: CDLA/4110/1997
SOCIAL SECURITY ADMINISTRATION ACT 1992
SOCIAL SECURITY CONTRIBUTIONS AND BENEFITS ACT 1992
APPEAL FROM DECISION OF A DISABILITY APPEAL TRIBUNAL ON A QUESTION OF LAW
DECISION OF THE SOCIAL SECURITY COMMISSIONER
"The current Regulations require me to make accessible to you a copy of the records of proceedings made by the tribunal chairman. I have complied with these Regulations and regret that it is neither possible nor proper for me to seek to interpret, clarify, or otherwise to comment on that records. (sic)"
There is no indication in the papers upon what authority these statements were made, nor whether the chairman had ever been informed of the requests made for a legible version of the records.
There has been no response at all to this direction or to two reminders asking for a reply.
"When providing a record of the tribunal's proceedings and the decision thereof it is sensible to suppose that this will be legible in whatever medium the tribunal chairman has determined. In this instance this is not the case and I submit that the tribunal have erred in law in this case." (Emphasis added.)
The decision of the disability appeal tribunal of 10 July 1996 is accordingly set aside. The case is remitted for re-hearing
to a differently constituted disability appeal tribunal, which should have before it and consider the submission of the adjudication officer dated 5 December 1997 and any other matters raised by or on behalf of the parties before them.
(Signed) M Heald
(Date) 6 April 1998