EO'H v Department for Communities (PIP)

The decision of the appeal tribunal dated 18 September 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.

It is imperative that the appellant notes that while the decision of the appeal tribunal has been set aside, the issue of his entitlement to Personal Independence Payment (PIP) 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 25 April 2018 a decision maker of the Department decided that the appellant was entitled to the standard rate of the daily living component of PIP for a fixed period from 30 May 2018 to 25 March 2021 and was not entitled to the mobility component of PIP from and including 30 May 2018. Following a request to that effect, the decision dated 25 April 2018 was reconsidered on 22 May 2018 but was not changed. An appeal against the decision dated 25 April 2018 was received in the Department on 5 June 2018.

The appeal tribunal hearing took place on 18 September 2018. The appellant was present and was not represented. There was a Departmental Presenting Officer present. The appeal tribunal disallowed the appeal and decided that the appellant was not entitled to either component of PIP without specifying a disallowance date.