RT -v- Department for Social Development (DLA) (Care)

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

For the reasons I give below, I allow the appeal under Article 15(8)(b) of the Social Security (NI) Order 1998. I refer the appeal to a newly constituted tribunal for determination.

His mother ("the appointee") was appointed to act on his behalf by the Department on 17 December 2012. The appointee requested a reconsideration of the decision of 17 December 2012. On 14 January 2013 the Department reconsidered the decision 17 December 2012 and decided that DLA should be disallowed from and including 19 October 2012. Following some further requests for reconsideration which did not result in a change to the decision, the appointee appealed.

(ii) it found that changing a child out of wet pyjamas and washing the child was not reasonably required attention;

(iii) it had no evidence on which to base a finding that it would take no more than 15 minutes to change and wash the claimant.