EO'N v Department for Communities (DLA)

The decision of the appeal tribunal dated 17 October 2018 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 his 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.

On 19 November 2014 an appeal tribunal awarded the appellant an entitlement to the higher rate of the mobility component and the lowest rate of the care component of DLA from and including 28 January 2014. On 5 April 2016 a decision maker of the Department superseded the decision dated 19 November 2014 and decided that the appellant was entitled to the lowest rate of the care component of DLA from and including 5 April 2016.

An appeal against the decision dated 5 April 2016 was received in the Department on 28 April 2016. On 6 December 2016 an appeal tribunal disallowed the appeal and upheld the decision dated 5 April 2016.