LC-v-Department for Social Development (DLA)

1.���� The decision of the appeal tribunal dated 29 September 2015 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 ongoing 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 26 February 2013 a decision-maker of the Department decided that the appellant was entitled to the lowest rate of the care component of DLA from and including 21 March 2013. �Following receipt of a completed �change of circumstances� form and a Factual Report from the appellant�s General Practitioner (GP), another decision-maker on 11 December 2014 decided not to supersede the decision dated 26 February 2013. �The outcome of that decision was that the appellant continued to be entitled to the lowest rate of the care component of DLA.

6.���� Following a request to that effect, the decision dated 11 December 2014 was reconsidered on 5 January 2015 but was not changed. �An appeal against the decision dated 11 December 2014 was received in the Department on 16 January 2015.