EO'D v Department for Social Development (IB) (Incapacity Benefit )

1.������ Having considered the circumstances of the case and any reasons put forward in the request for a hearing, I am satisfied that the application can properly be determined without a hearing. I grant leave to appeal and proceed to determine all questions arising thereon as though they arose on appeal.�

2.������ The decision of the appeal tribunal dated 8 July 2009 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.

4.������ 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 incapacity benefit (IB) 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.�

5.������ The decision under appeal to the appeal tribunal was a decision of the Department, dated 10 March 2009, which decided that:

(i) grounds existed to supersede an earlier decision of the Department, dated 24 April 2002, and which had awarded an entitlement to IB, from and including 2 January 2002; and