LT -v- Department for Social Development (CA) (Overpayment : Carer's Allowance)

1.���� This is a claimant�s appeal from the decision of an appeal tribunal sitting at Belfast.

2.���� For the reasons I give below, I allow the appeal. �I set aside the decision of the appeal tribunal under Article 15(8)(b) of the Social Security (NI) Order 1998 and I direct that the appeal shall be determined by a newly constituted tribunal.

5.���� The grounds of appeal submit that the tribunal has erred in law on the basis that her GP records were not present at the appeal, despite her giving permission for this and paying a fee for their release.

6.���� The Department was directed to make observations on the appellant�s grounds. Mr Donnelly of Decision Making Services (DMS) responded on behalf of the Department. �He initially submitted that the tribunal had not erred in law as alleged and indicated that the Department did not support the appeal.

7.���� The tribunal had noted that the applicant felt unable to attend a hearing and that she had consented to the release of her medical records. �The medical records were not received by the tribunal. �The tribunal had before it a Departmental submission which included a GP factual report, a psychiatrist�s factual report and an EMP report. �It considered whether it would be unfair to proceed without the medical records and decided that it would not.