Decision No: C16/03-04(IB)

SOCIAL SECURITY ADMINISTRATION (NORTHERN IRELAND) ACT 1992

SOCIAL SECURITY (NORTHERN IRELAND) ORDER 1998

	INCAPACITY BENEFIT

	Application by the claimant for leave to appeal
	and appeal to a Social Security Commissioner
	on a question of law from a Tribunal’s decision
	dated 18 October 2002

	DECISION OF THE SOCIAL SECURITY COMMISSIONER

1.	This is an application by the claimant for leave to appeal against the decision of the Tribunal, affirming the decision of the decision maker, to the effect that the claimant, having failed the personal capability assessment, is not incapable of work and therefore is not entitled to incapacity benefit (IB) from and including 20 June 2002.

2.	A Commissioner on 9 July 2003 accepted a late application for leave to appeal for special reasons.  

3.	A hearing of the application was held on 14 January 2004, at which the claimant was present, although not represented, while Mr Toner of the Decision Making and Appeals Unit represented the Department.

4.	Leave to appeal is granted.

5.	By virtue of regulation 11(3) of the Social Security Commissioners (Procedure) Regulations (Northern Ireland) 1999, I treat and determine this application as an appeal, as both parties have given their consent.  

6.	As each of the parties to the appeal have expressed the view that the decision appealed against was erroneous in point of law, in accordance with Article 15(7) of the Social Security (Northern Ireland) Order 1998 I exercise my discretion to allow the appeal and to set the Tribunal’s decision aside and, accordingly, I refer the case to a freshly constituted Tribunal for redetermination.

7.	I direct this Tribunal to deal specifically with, along with all other relevant issues, the issue of the supersession of an earlier decision that appears to have been made by a decision maker on or about 25 September 2000.

(Signed):  J A H Martin

CHIEF COMMISSIONER

10 February 2004