CB -v- Department for Communities (DLA)

The decision of the appeal tribunal dated 30 January 2014 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 disability living allowance (DLA), for a particular period, 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 9 May 2013 a decision-maker of the Department decided that the appellant was not entitled to DLA from and including 27 March 2013. An appeal against the decision dated 9 May 2013 was received in the Department on 20 May 2013.

Following an earlier adjournment, the substantive oral hearing of the appeal took place on 30 January 2014. The appellant was present, was accompanied by her daughter and was represented. There was a Departmental Presenting Officer present. The appeal tribunal disallowed the appeal and confirmed the decision dated 9 May 2013.