Decision No: C20/03-04(IB)

SOCIAL SECURITY ADMINISTRATION (NORTHERN IRELAND) ACT 1992

SOCIAL SECURITY (NORTHERN IRELAND) ORDER 1998

INCAPACITY BENEFIT

Appeal to a Social Security Commissioner
on a question of law from a Tribunal's decision
dated 11 August 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 16 April 2004.

3.	The claimant, through his representative, Mrs Carty, solicitor, of the Law Centre (NI), has submitted that the Tribunal erred in law: -

(i)	in failing to consider the issue of mental health;
(ii)	in failing to set out an adequate statement of reasons for its decision.

4.	The Department, through Mrs Gunning of the Decision Making and Appeals Unit, has agreed that the Tribunal has erred in law in these respects and has supported the claimant’s appeal.

5.	Therefore it is clear that both parties have expressed the view that the decision appealed against was erroneous in point of law.

6.	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 redetermination.	

(signed):  J A H Martin QC

Chief Commissioner

14 May 2004