Decision No: C3/03-04(ICA)

SOCIAL SECURITY ADMINISTRATION (NORTHERN IRELAND) ACT 1992

SOCIAL SECURITY (NORTHERN IRELAND) ORDER 1998

INVALID CARE 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 2 September 2002

DECISION OF THE SOCIAL SECURITY COMMISSIONER

1.	This is an application, by the claimant, for leave to appeal against a decision dated 2 September 2002 of an Appeal Tribunal sitting at Belfast.  That Tribunal had disallowed the claimant’s appeal and decided that the claimant was not entitled to invalid care allowance (ICA) for caring for his grandfather from and including 22 October 2001.

2.	I grant leave.  The Department has been represented in the appeal by Mrs Gunning of the Decision Making and Appeals Unit.  I am grateful to Mrs Gunning for her considerable assistance in this matter.

3.	Both the claimant and Mrs Gunning have expressed the view that the said Tribunal’s decision was in error of law.  In exercise of my powers under Article 15(7) of the Social Security (Northern Ireland) Order 1998, I set aside the said decision.

4.	I remit the matter to a differently constituted Tribunal for rehearing and redetermination.  I direct that new Tribunal: -

(a)	to adequately investigate whether or not the claimant had completed or abandoned his course of education for GCSE’s;

(b)	if so to adequately investigate whether he had enrolled on any other course of education at the relevant times;

(c)	to make findings of fact accordingly.

5.	It would be helpful if the Department would prepare for the Tribunal a further submission setting out the claimant’s legal capacity to cease full-time education in England and any further information or evidence which it considers relevant.

(Signed):  M F Brown

Commissioner

27 October 2003