We are in the process of responding to a Commissioner's request for a written submisson on the points below. I would be grateful for your thoughts on the following:

Does a Tribunal dealing with an appeal from a supersession decision have jurisdiction to consider the original awarding decision?

1.If it does so and, having considered the evidence, reaches a conclusion that the original decision maker accepted evidence which was unreliable and therefore reached a mistaken view as to the fact situation at the time of the awarding decision, does the Tribunal have power to conclude that the original awarding decision was given in ignorance of or under a mistake as to a material fact?

2.What constitutes a "material fact" for purposes of Regulations 3(5) and 6(2) (b+c) of the Social Security (Decisions and Appeals) Regulations (Northern Ireland) 1999 and in particular can functional ability (such as the ability to carry out all the tasks associated with preparation and cooking of a main meal) be a material fact?

3.If a tribunal reaches a sustainable conclusion that, at the time of the original decision a suitable and readily avialable aid existed which would nullify any requirements for assistance but which the original decision maker failed to consider, can it be concluded that the original decision was given in ignorance of or under a mistake as to a material fact?

Many thanks

Barry