LD v Department for Communities (PIP)

1.���� This is a claimant's application for leave to appeal from the decision of an appeal tribunal with reference ST/2135/23/02/D.

2.���� For the reasons I give below, I grant leave to appeal. �However, I disallow the appeal.

5.���� The appellant, represented by Ms Fulton of Advice North West, submits that the tribunal has erred in law by failing to give adequate reasons for its decision.

6.���� The Department was invited to make observations on the appellant's grounds. �Mr Clements of Decision Making Services (DMS) responded on behalf of the Department. �Mr Clements submitted that the tribunal had erred in law, but not materially in the sense that the error would not affect the outcome of the appeal. �He indicated for that reason that the Department did not support the application.

9.���� PIP was established by article 82 of the Welfare Reform (NI) Order 2015. �It consists of a daily living component and a mobility component. �These components may be payable to claimants whose ability to carry out daily activities or mobility activities is limited, or severely limited, by their physical or mental condition. �The Personal Independence Payment Regulations (NI) 2016 (the 2016 Regulations) set out the detailed requirements for satisfying the above conditions.