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1.��� The decision of the appeal tribunal dated 22 August 2008 is in error of law. �The error of law identified will be explained in more detail below.
2.��� 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.��� I am able to exercise the power conferred on me by Article 15(8)(a)(i) of the Social Security (Northern Ireland) Order 1998 to give the decision which I consider the appeal tribunal should have given as I can do so without making fresh or further findings of fact.
4.��� My decision is that (the claimant) satisfies the conditions of entitlement to the lowest rate of the care component and the lower rate of the mobility component of disability living allowance (DLA) from 4 April 2008 to 4 April 2011.
5.��� I am unaware whether there has been a further application for DLA since the commencement of proceedings before the Social Security Commissioner. �If there has been such an application, and an award of entitlement has been made on the basis of that application, this decision is taken on account of any such award.
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