[2008] NISSCSC C10_07_08(IB) (5 March 2008) 

Decision No: C10/07-08(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 4 May 2007

DECISION OF THE SOCIAL SECURITY COMMISSIONER

1.	Having considered the circumstances of the case and any reasons put forward in the request for hearing, I am satisfied that the appeal can properly be determined without a hearing.

2.	The claimant, the appellant in the present proceedings, through his representative Mr Carson, has submitted that the tribunal has erred in law, inter alia, in its assessment of evidence relating to the claimant’s alcoholism and provided inadequate reasons for its decision.  

3.	The Department, through Mr Sloan of Decision Making Services, submitted that the tribunal misinterpreted regulation 25(3) of the Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995 and also submitted that the tribunal was entitled to decide whether the effects of alcohol consumption are to be assessed in terms of the physical or mental tests or both, rather than, as in the present case, only considering the mental descriptors.

4.	On 17 January 2008 I granted leave to appeal on the following grounds:

“It is arguable that the decision was wrong in law, because the tribunal, in its interpretation of regulation 25(3) of the Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995, erred by not deciding that it could assess the effects of alcohol consumption in terms of both physical and mental descriptors, as the tribunal has taken the view in the present case that it was prevented from considering the physical descriptors – see paragraph 17 of the Great Britain decision CSIB/287/2003 (Mrs Commissioner Parker).”

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 determination.

7.	In the circumstances I direct that the new tribunal takes into account the decision of Mrs Commissioner Parker in Great Britain decision CSIB/287/2003, and in particular, paragraph 17.

(signed):J A H Martin QC

Chief Commissioner

5 March 2008