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The decision of the appeal tribunal dated 2 February 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.
On 25 April 2017 a decision maker of the Department decided that the appellant was entitled to the standard rate of the daily living component and the enhanced rate of the mobility component of PIP from 24 May 2017 to 11 April 2023.
Following a request to that effect and the collation of additional medical advice by the Department, the decision dated 25 April 2017 was reconsidered on 3 August 2017 but was not changed.
An appeal against the decision dated 25 April 2017 was received in the Department on 29 August 2017.
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