KA v Department for Social Development (PIP) ((Not Applicable))

The decision of the appeal tribunal dated 16 June 2017 is in error of law. The error of law identified will be explained in more detail below. Pursuant to the powers conferred on me by Article 15(8) of the Social Security (Northern Ireland) Order 1998, I set aside the decision appealed against.

In referring the case to a differently constituted appeal tribunal for re-determination, I direct that the appeal tribunal takes into account the guidance set out below.

It is imperative that the appellant notes that while the decision of the appeal tribunal has been set aside, the issue of her entitlement to Personal Independence Payment (PIP), for a particular period, remains to be determined by another appeal tribunal.

On 25 October 2016 a decision maker of the Department decided that the appellant was not entitled to PIP from and including 25 July 2016. Following a request to that effect and the receipt of additional medical evidence, the decision dated 25 October 2016 was reconsidered on 9 January 2017 but was not changed. An appeal against the decision dated 25 October 2016 was received in the Department on 27 February 2017.

Following an earlier adjournment, the substantive appeal tribunal hearing took place on 16 June 2017. The appellant was present and was represented by Mr Higgin of the Citizens Advice organisation. There was no Departmental Presenting Officer present. The appeal tribunal disallowed the appeal and confirmed the decision dated 25 October 2016.