Decision C44/03-04(DLA)

IRO: DEAN (A CHILD)

SOCIAL SECURITY ADMINISTRATION (NORTHERN IRELAND) ACT 1992

SOCIAL SECURITY (NORTHERN IRELAND) ORDER 1998

DISABILITY LIVING ALLOWANCE

Appeal to a Social Security Commissioner
 on a question of law from a Tribunal’s decision
 dated 14 November 2002

DECISION OF THE SOCIAL SECURITY COMMISSIONER

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

2.	The claimant in this case is a child born on 5 January 1992.  On his behalf his mother has appealed against the decision of the Tribunal, affirming the decision of the Decision Maker, to the effect that neither the mobility nor the care component of DLA is payable from and including 30 April 2002.

3.	Leave to appeal was granted by a Commissioner on 19 March 2004.  The reasons for granting leave to appeal were as follows: -

“It is arguable that the decision was wrong in law, because it is probable that the Tribunal was not examining and referring to medical notes that related to the claimant but was examining and referring to medical notes relating to some other person.”

4.	The Department, through Miss Fleming and the appellant’s mother, through Mrs Carty of The Law Centre (Northern Ireland), both agree that the Tribunal has erred in law in this respect.

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.

(signed):		J A H Martin QC								Chief Commissioner

21 April 2004