Social Security Case Law - Winter 2024

Headnote

The Tribunal must afford an applicant the opportunity to respond to specific evidence the Tribunal has relied upon when making a less favourable award.

Case Overview

In this case, represented by Law Centre NI, both parties agreed that an error of law had occurred when the Tribunal did not alert the claimant of specific evidence that it felt was inconsistent and did not offer the appellant or their representative the opportunity to respond. The Department also recognised that the record of proceedings did not indicate that the specific evidence relied upon by the Tribunal had not  put to the claimant for comment at the hearing. Both parties also agreed that the Tribunal had erred in law in their approach and reasoning for the decision in relation to Activity 9. The Commissioner remitted the case to a newly constituted tribunal.

Relevant Case Law

• DM v Department for Social Development [2010] NI Com 335
• DP v Department for Communities [2020] NI Com 1