GH v Department for Social Development (IB) [2010] NICom 36 (21 May 2010 )

GH v Department for Social Development (IB) [2010] NICom 36 (21 May 2010 )

The tribunal erred in law by failing to address and provide reasons regarding the claimant’s evidence on descriptor 8(e) (ability to pick up and carry a 0.5 litre carton of milk), rendering its decision legally flawed.

Citation
[2010] NICom 36
Parties
Claimant: GH; Respondent: Department for Social Development
Jurisdiction
Northern Ireland
Procedural Posture
Appeal to Social Security Commissioner / Appeal From Tribunal Decision
Outcome
Appeal allowed; tribunal decision set aside; case remitted to a freshly constituted tribunal for rehearing.
Legal Topics
Incapacity Benefit, Personal Capability Assessment, Tribunal Procedure, Credibility Assessment
Social Security Law Incapacity Benefit Personal Capability Assessment Tribunal Procedure Credibility Assessment

Case Brief

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Parties

GH

Claimant

Department for Social Development

Respondent

Procedural Posture

Appeal to Social Security Commissioner / Appeal From Tribunal Decision

Legal Issues

  1. 1 Whether the tribunal failed to address the claimant's evidence regarding descriptor 8(e) (ability to pick up and carry a 0.5 litre carton of milk)
  2. 2 Whether the tribunal breached its inquisitorial duty regarding the incapacity for work questionnaire and variability of irritable bowel syndrome
  3. 3 Whether the tribunal breached the claimant’s right to a fair hearing by not allowing rebuttal on credibility

Ratio Decidendi

The tribunal erred in law by failing to address and provide reasons regarding the claimant’s evidence on descriptor 8(e) (ability to pick up and carry a 0.5 litre carton of milk), rendering its decision legally flawed.

Court Disposition

Appeal allowed; tribunal decision set aside; case remitted to a freshly constituted tribunal for rehearing.

Orders

  • Set aside the tribunal’s decision of 5 June 2009.
  • Remit the appeal to a freshly constituted tribunal for rehearing.