Decision No: C7/02-03(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 21 May 2001

DECISION OF THE SOCIAL SECURITY COMMISSIONER

Both parties to the appeal have expressed the view that the decision appealed against was erroneous in point of law.  In exercise of my powers under Article 15(7) of the Social Security (Northern Ireland) Order 1998, I hereby set aside the decision dated 21 May 2001 of the Appeal Tribunal.

I refer the case to a differently constituted Appeal Tribunal for rehearing and redetermination and direct the Tribunal Chairman to record the reasons for the decision and to record clearly the Tribunal’s scoring on the Personal Capability Assessment.  If the Tribunal’s decision is a majority decision the Tribunal Chairman should also adequately record the minority reasons.

(Signed):  M. F. Brown

COMMISSIONER

22 July 2002