UK Social Security and Child Support Commissioners' Decisions

 


SETTING ASIDE OF TRIBUNAL'S DECISION

Commissioner's File: CDLA/621/2002

1. Each of the principal parties to this appeal expresses the view that the tribunal decision of 6 December 2001 was erroneous in point of law and the Secretary of State in his submission dated 15 March 2002 agrees to the case being remitted to a fresh tribunal for redetermination. I am satisfied that it is not necessary for the case to proceed to a full determination of all issues on the appeal by a Commissioner and that it is expedient instead to make a summary order remitting the case for rehearing by a tribunal straight away under the power now given by section 14(7) Social Security Act 1998 dispensing with any need for further submissions under Commissioner' Procedure Regulation 19(3).
2. In exercise of those powers I therefore set aside the decision of 15 March 2002 and refer the case to a fresh tribunal which I direct to carry out a rehearing of the claimant's appeal against the refusal of the claim for disability living allowance, making and recording all necessary findings of fact and reasons for their decision and in particular having regard to the points made in the notice of appeal and the Secretary of State's submission at page 193. copies of which must be supplied to them.

(Signed) J M Henty

Commissioner

(Date) 8 May 2002