LMCD v Department for Communities (PIP)

1.���� This is a claimant's application for leave to appeal from the decision of an appeal tribunal with reference BE/13561/22/02/D.

2.���� For the reasons I give below, I grant leave to appeal. �I set aside the decision of the appeal tribunal under Article 15(7) of the Social Security (NI) Order 1998 without a formal finding that the tribunal has erred in law. �I refer the appeal to a newly constituted tribunal for determination.

5.���� The applicant, represented by Ms Corr of Law Centre NI, submits that the tribunal has erred in law by failing to take into account and/or resolve conflicts of fact or opinion on material matters in respect of daily living activities 1, 6, 9 and mobility activity 1.

6.���� The Department was invited to make observations on the applicant's grounds. �Mr Clements of Decision Making Services (DMS) responded on behalf of the Department. �Mr Clements accepted that the tribunal had materially erred in law. �He indicated that the Department supported the application on the basis of the ground identified in respect of activity 9.

7.���� The applicant's representative duly responded to the Department's observations and, when it was subsequently invited to respond, the Department in turn was content to rely upon its initial observations.