Decision No: C2/04-05(IS)

SOCIAL SECURITY ADMINISTRATION (NORTHERN IRELAND) ACT 1992

SOCIAL SECURITY (NORTHERN IRELAND) ORDER 1998

INCOME SUPPORT

Appeal to a Social Security Commissioner
on a question of law from a Tribunal's decision
dated 28 July 2003

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, especially in light of the fact that this appeal is being allowed.

2.	The claimant, who is unrepresented, has submitted that the Tribunal erred in law on the grounds that it did not have supporting evidence that the claimant had cashed income support orders during the overpayment period.

3.	The Department, through Mr Sloan of the Decision Making and Appeals Unit, has submitted that the Tribunal’s decision was erroneous in law as it failed to satisfy itself that there was sufficient evidence to determine that the claimant had failed to disclose a material fact.

4.	Therefore it is clear that both parties have expressed the view that the decision appealed against was erroneous in point of law.

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.  I draw that Tribunal’s attention to the fact that the claimant, subsequent to the original hearing, has pointed out that she felt, as a foreign citizen, that language difficulties prevented her expressing herself fully at that hearing.  

J A H Martin QC
Chief Commissioner

23 July 2004