[2008] NISSCSC C1_08_09(IB) (22 July 2008) 

Decision No: C1/08-09(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 12 February 2008

DECISION OF THE SOCIAL SECURITY COMMISSIONER

1.	Having considered the circumstances of the case, I am satisfied that the appeal can properly be determined without a hearing.  

2.	Leave to appeal was granted by the legally qualified member (the chairman) on 29 April 2008.  

3.	The claimant, through his representative Mr O’Farrell, has submitted that the tribunal has erred in law, inter alia, on the grounds that it made insufficient findings with regard to the disputed descriptors and therefore the claimant was not able to understand why his evidence in relation to those descriptors was rejected.

4.	The Department, through Mr Toner of Decision Making Services, has submitted, inter alia, that the tribunal erred in law by not dealing with the disputed descriptors in its reasoning and, accordingly, its reasons were inadequate and therefore it erred in law.

5.	Therefore it is clear that both parties have expressed the 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.

							(signed)
John A H Martin QC
Chief Commissioner

22 July 2008