Decision No: C23/03-04(DLA)

SOCIAL SECURITY ADMINISTRATION (NORTHERN IRELAND) ACT 1992

SOCIAL SECURITY (NORTHERN IRELAND) ORDER 1998

DISABILITY LIVING ALLOWANCE

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 28 November 2002

DECISION OF THE SOCIAL SECURITY COMMISSIONER

1.	This is an application by the claimant for leave to appeal against a decision dated 28 November 2002 of an Appeal Tribunal sitting at Belfast.

2.	I grant leave.  Both Mr Hatton of the Law Centre (NI), representing the claimant and Mrs Gunning of the Decision Making and Appeals Unit, representing the Department, have expressed the view that the Tribunal’s decision is in error of law.

3.	In exercise of my powers under Article 15(7) of the Social Security (Northern Ireland) Order 1998 I set aside the said decision and remit the matter to a differently constituted Appeal Tribunal for rehearing and redetermination.

4.	I direct that Tribunal in giving its reasons for decision to adequately indicate its assessment of evidence.  I further direct that Tribunal when considering the higher rate of the mobility component of disability living allowance to give consideration to the provisions of regulation 12(1)(a) of the Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992.

(Signed):  M F Brown

Commissioner

16 October 2003