LO'H v Department for Communities (PIP) (Tribunals - Reasons)

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       The decision of the appeal tribunal dated 28 January 2019 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.

       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.�

       An appeal against the decision dated 9 May 2018, as revised on 20 June 2018, was received in the Appeals Service (TAS) on 18 July 2018.

       Following earlier postponements, the substantive appeal tribunal hearing took place on 28 January 2019. The applicant was not present. There was a Departmental decision maker present. The appeal tribunal disallowed the appeal and confirmed the decision dated 9 May 2018 as revised on 20 June 2018.