GA v Department for Communities (PIP)

The decision of the appeal tribunal dated 14 May 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 8 November 2017 a decision maker of the Department decided that the appellant was not entitled to either component of PIP from and including 12 September 2017. Following a request to that effect, the decision dated 8 November 2017 was reconsidered on 28 November 2017 but was not changed. An appeal against the decision dated 8 November 2017 was received in the Department on 18 December 2017.

The appeal tribunal hearing took place on 14 May 2018. The appellant was present and was accompanied by his mother. There was a Departmental Presenting Officer present. The appeal tribunal disallowed the appeal and confirmed the Departmental decision of 8 November 2017.