LL -v- Department for Social Development (DLA)

1.���� The decision of the appeal tribunal dated 11 August 2016 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 son�s 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 7 August 2015 a decision maker of the Department decided that the appellant�s son was not entitled to DLA from and including 28 July 2015. On 2 September 2015 correspondence from the appellant was received in the Department in which she requested that the decision dated 7 August 2015 be reconsidered. �Attached to the reconsideration application was medical evidence in support of it. �On 22 September 2015 the decision dated 7 August 2015 was reconsidered but was not changed. �An appeal against the decision dated 7 August 2015 was received on 7 October 2015.

6.���� On 7 January 2016, the Legally Qualified Panel Member (LQPM) determined that the appeal should be listed as a �paper� hearing. �The appeal was first listed for hearing as a �paper� hearing on 5 February 2016. �The appeal tribunal determined that it would be beneficial to hear from the appellant and adjourned the hearing for the appeal to be relisted for oral hearing.