Decision No:  C31/04-05(DLA)

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 6 July 2004

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.	The claimant’s mother, who is represented by Mr Murphy, Citizens Advice Bureau, Londonderry, has submitted that the Tribunal erred in law by not addressing the points referred to in the original appeal letter.

3.	The Department, through Miss Fleming of Decision Making Services, has, by letter dated 20 December 2004, also submitted that the Tribunal’s decision is erroneous in law.

4.	A Commissioner granted leave to appeal on the following grounds:-

“(i)	   the Tribunal did not deal with the issue of the claimant’s speech problems; and

(ii)    	it appears that regulation 39(1) of the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999 was not complied with as it seems that the clerk to the appeal tribunal did not direct the claimant to notify the clerk in writing whether the mother of the claimant wished to have an oral hearing of the appeal or whether he was content for the appeal to proceed without an oral hearing.”

5.	It is clear that both parties have expressed a 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.  In the circumstances I direct the clerk to the appeal tribunal to direct the claimant’s mother to notify the clerk to the appeal tribunal in writing whether she wishes to have an oral hearing of the appeal or whether she is content for the appeal to proceed without an oral hearing – see Regulation 39(1) of the Social Security and Child Support (Decision and Appeals) Regulations (Northern Ireland) 1999.

(Signed):  J A H Martin QC

Chief Commissioner

16 March 2005