[2004] NISSCSC C3/04-05(IS) (21 October 2004)

Decision No:  C3/04-05(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 20 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.	I granted leave to appeal on 4 August 2004 on the following grounds:-

“The decision may be wrong in law, because it is arguable that the Tribunal erred in law by failing to satisfy itself that there was sufficient relevant evidence concerning the instructions issued to the claimant in relation to the issues of reporting changes in circumstances and disclosure to the Department.”

3.	  The claimant, through her representative Ms McCormack, of the Law Centre (NI) has submitted that the Tribunal erred in law.  The Department, through Mr Flynn of the Decision Making and Appeals Unit, has also submitted that the Tribunal’s decision was erroneous in law.  Furthermore, I accept that the relevant ground is not only reasonably arguable but also sustainable.

4.      It is clear that both parties have expressed the view that the decision appealed against was erroneous in point of law although there was not unanimity on the appropriate grounds of appeal.  However, in my view the ground of appeal mentioned in the determination of  4 August 2004 is the only ground of appeal reasonably arguable in this case.

5.      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 determination.  I direct that this new Tribunal takes into account the decision of the Tribunal of Commissioners in C2/02-03(ICA)(T), and in particular paragraph 28 onwards, in which the Tribunal of Commissioners held that submissions to Appeal Tribunals should set out clearly the evidential basis of any alleged misrepresentation or failure to disclose.  

(Signed)	JOHN A H MARTIN QC
CHIEF COMMISSIONER

(Dated)	21 October 2004