Gareth Morgan
Managing Director, Ferret Information Systems, Cardiff
Member since 20th Feb 2004
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RE: relevance of NI commissioners decisions
Thu 06-Jan-05 10:50 AM |
From R(A)1/83
"The references in that paragraph include one to a decision of the Chief Commissioner of Northern Ireland, Appeal No 12/72 (AA). This decision is not binding on a Commissioner appointed in Great Britain, but it is of course of strong persuasive force."
From R(IS)6/00
"Let me first deal with decision C10/95(IS). As a Northern Ireland decision it is of persuasive authority only, but as a reasoned decision by the then Chief Commissioner on legislation in terms identical to the United Kingdom legislation it demands considerable respect."
From R(S)5/85
" It should be noted that although section 142(1) of the Social Security Act 1975 provides for the co-ordination of the Acts, it in no way alters the position that the social security systems in Great Britain and Northern Ireland are separate and distinct and administered by different adjudicating authorities. A Commissioner in Great Britain has no jurisdiction in Northern Ireland, which has its own Commissioners including a Chief Commissioner. Although the decisions of the Northern Ireland Commissioners are not binding in Great Britain, they may be of persuasive authority, and at least in one case, a Northern Ireland Tribunal of Commissioners' decision was followed in preference to an unreported decision of a British Commissioner (R(I) 14/63)."
etc.
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