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[2004] NISSCSC C3/04-05(DLA) (8 October 2004)


 


Decision No: C3/04-05(DLA)

SOCIAL SECURITY (NORTHERN IRELAND) ORDER 1998 SOCIAL SECURITY AND CHILD SUPPORT (DECISIONS AND APPEALS) REGULATIONS (NORTHERN IRELAND) 1999 Appeal to a Social Security Commissioner on a question of law from a Tribunal's decision dated 22 August 2003
DECISION OF THE SOCIAL SECURITY COMMISSIONER
1. Both the claimant and the Department for Social Development (the only parties to the said appeal) have expressed the view that the said decision was in error of law.
2. In exercise of my powers under Article 15(7) of the above Order I set the said decision aside. I refer the case to a differently constituted Tribunal (the new Tribunal) for re-hearing and re-determination.
3. I direct the claimant to be prepared at that hearing for the new Tribunal to consider the question of his entitlement to the low rate of the care component.
4. I direct the Department to prepare an additional submission, a copy to be forwarded to the Tribunal Office and a copy to the claimant, setting out clearly the basis for its decision of 16 August 2002 by reference to regulation 6(2) of the Regulations and the effective date thereof.
5. I direct the new Tribunal to consider whether (on the circumstances obtaining up to and including 16 August 2002) a basis (as set out in regulation 6(2) of the said Regulations) existed to supersede the Tribunal decision of 5 March 2002.
6. I direct the new Tribunal, if it considers that the said decision of 5 March 2002 should be superseded, to record the basis of supersession by reference to the said regulation 6(2) and to indicate the effective date thereof.

(Signed): Moya F Brown

Commissioner

8 October 2004