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[2004] NISSCSC C10/04-05(DLA) (13 October 2004)

Decision No: C10/04-05(DLA)

SOCIAL SECURITY ADMINISTRATION (NORTHERN IRELAND) ACT 1992

SOCIAL SECURITY (NORTHERN IRELAND) ORDER 1998

SOCIAL SECURITY AND CHILD SUPPORT (DECISIONS AND APPEALS) REGULATIONS (NORTHERN IRELAND) 1999

DISABILITY LIVING ALLOWANCE

Appeal to a Social Security Commissioner

on a question of law from a Tribunal's decision

dated 22 January 2004

DECISION OF THE SOCIAL SECURITY COMMISSIONER

1. This is an appeal, leave having been granted by me, by the claimant against a decision dated 22 January 2004 of an Appeal Tribunal sitting at Belfast.
2. Both the claimant and the Department for Social Development (the parties to the appeal) have expressed the view that the said decision is in error of law.
3. In exercise of my powers under Article 15(7) of the above Order, I set the said decision aside. I refer the case to a differently constituted Tribunal ("the new Tribunal") for re-determination.
4. I direct the new Tribunal to conduct a hearing of the appeal to it, the claimant to be notified of the date thereof in accordance with the above Regulations.
5. I further direct the new Tribunal, if it has before it the claimant's General Practitioner's records, to ensure that the claimant has been afforded an opportunity to view same in advance of the hearing subject to the provisions of Regulation 42 of the above Regulations.

(signed): M F BROWN

COMMISSIONER

13 October 2004