Social Security Case Law - Spring 2025

Headnote

An LQM’s reminder of the wrong dates under discussion amounted to an error of law and on the face of it was held to be a misdirection.

Background

During introductions at the Social Security Tribunal, the LQM explained the procedure and outlined the history of the appeal confirming the key dates under consideration. The record of proceedings notes that the LQM reminded the parties that the decision under appeal is that of 9th of September 2019 – however, this was in fact, incorrect.

Legal Issue

The Commissioner was asked to determine whether the LQM’s use of the incorrect dates at the beginning of the Tribunal Hearing amounted to an error of law.

Decision

As the Commissioner was unable to conclude that the error was a typo in the record of proceedings, it was held that the use of the incorrect date was on the face of it a misdirection that amounted to a material matter. The appeal was allowed, with the support of the Department on the grounds that the incorrect date amounted to an error of law and the case has been remitted to a freshly constituted Tribunal.

Relevant Legislation

• The Social Security Commissioner (Procedure) Regulations (NI) 1999, Reg.18