[2008] NISSCSC C2_08_09(IB) (12 December 2008) 

Appeal No: C2/08-09(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 14 January 2008

	DETERMINATION OF THE SOCIAL SECURITY COMMISSIONER

Having read the case papers it is clear that a Social Security Commissioner has no jurisdiction to determine this appeal as the decision of the appeal tribunal made on 14 January 2008 was set aside by the legally qualified panel member (LQPM) of the tribunal on 25 November 2008.

Accordingly, whilst the claimant is entitled to a fresh hearing of his appeal before a tribunal on foot of the tribunal’s set aside decision, he is not entitled to proceed with an appeal to a Commissioner in these circumstances.  

It is unfortunate that this matter has come for determination by a Social Security Commissioner. Although not the fault of a single individual, there has been a systems failure to action an application for the setting aside of the appeal tribunal’s decision in the proper manner; an omission to note that two different representatives purported to make separate applications for leave to appeal to the Commissioner; and an error in not noting that the same LQPM had purported to make a decision on a previous application for leave to appeal.    

(Signed):  K Mullan
				 
COMMISSIONER

12 December 2008