WM -v- Department for Communities (DLA)

1.���� The decision of the appeal tribunal dated 27 August 2015 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.

3.���� 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.

4.���� 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 disability living allowance (DLA) remains to be determined by another appeal tribunal. In accordance with the guidance set out below, the newly constituted appeal tribunal will be undertaking its own determination of the legal and factual issues which arise in the appeal.�

5.���� On 15 October 2014 a decision-maker of the Department decided that the appellant was not entitled to DLA from and including 29 August 2014. Following a request to that effect the decision dated 15 October 2014 was reconsidered on 1 December 2014 but was not changed. �An appeal against the decision dated 15 October 2014 was received in the Department on 16 March 2015.

6.���� Following an earlier postponement the appeal tribunal hearing took place on 27 August 2015. The appellant was present and was accompanied by her daughter. �There was no Departmental Presenting Officer present. The appeal tribunal allowed the appeal making an award of entitlement to the lowest rate of the care component and the lower rate of the mobility component of DLA from 29 August 2014 to 28 August 2017.