NMCA -v- Department for Social Development (DLA) (Evidence) [2015] NICom 20 (22 June 2015)

NMCA -v- Department for Social Development (DLA) (Evidence) [2015] NICom 20 (22 June 2015)

The tribunal erred in law by basing its decision on matters for which there was no evidence and failing to give the claimant an opportunity to respond, violating requirements of natural justice.

Citation
[2015] NICom 20
Parties
Applicant: NMcA; Respondent: Department for Social Development
Jurisdiction
Northern Ireland
Judgment Date
22 June 2015
Procedural Posture
Application for Leave to Appeal and Appeal to Social Security Commissioner / Commissioner Decision on Appeal From Tribunal
Outcome
Decision of appeal tribunal set aside; leave to appeal granted.
Legal Topics
Disability Living Allowance, Tribunal Procedure, Natural Justice, Evidence Assessment
Social Security Law Disability Living Allowance Tribunal Procedure Natural Justice Evidence Assessment

Case Brief

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Parties

NMcA

Applicant

Department for Social Development

Respondent

Procedural Posture

Application for Leave to Appeal and Appeal to Social Security Commissioner / Commissioner Decision on Appeal From Tribunal

Legal Issues

  1. 1 Whether the tribunal erred in law by relying on absence of evidence in GP records without putting the matter to the claimant
  2. 2 Whether the tribunal failed to observe natural justice by not allowing the claimant to comment on crucial matters

Ratio Decidendi

The tribunal erred in law by basing its decision on matters for which there was no evidence and failing to give the claimant an opportunity to respond, violating requirements of natural justice.

Court Disposition

Decision of appeal tribunal set aside; leave to appeal granted.

Orders

  • Appeal to be determined by a newly constituted tribunal.
  • Applicant to be sent new REG2(i)d form to ask if she wants an oral hearing.