Decision No: C13/03-04(IS)

SOCIAL SECURITY ADMINISTRATION (NORTHERN IRELAND) ACT 1992

SOCIAL SECURITY (NORTHERN IRELAND) ORDER 1998

INCOME SUPPORT

Appeal to a Social Security Commissioner
on a question of law from a Tribunal's decision
dated 30 January 2003

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.	Leave to appeal was granted by a Commissioner on 1 April 2004 on the grounds that it was arguable that the Tribunal’s decision was wrong in law because: -

“The Tribunal came to the conclusion to which it came without being in possession of (i) appropriate evidence relating to the declaration signed by the claimant and (ii) the relevant order book instructions; and the Tribunal failed to deal with the issue of supersession.”

3.	In light of correspondence between the parties’ representatives (Mrs Carty, Solicitor, of the Law Centre (NI) and both Miss Murray and Mr Sloan of the Decision Making and Appeals Unit of the Department) and the Office of the Social Security Commissioners, it is clear that both parties have expressed the view that the decision appealed against is erroneous in point of law.

4.	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 re-determination.

J A H Martin QC
Chief Commissioner

8 June 2004