WSH v Department for Communities (PIP) (PERSONAL INDEPENDENCE PAYMENT)

1.���� This is a claimant's application for leave to appeal from the decision of an appeal tribunal with reference NS/11110/22/02/D.

2.���� For the reasons I give below, I grant leave to appeal. �I allow the appeal under Article 15(8)(b) of the Social Security (NI) Order 1998 . I refer the appeal to a newly constituted tribunal for determination.

7.���� The application was received by the Office of the Social Security Commissioners after the expiry of the relevant statutory time limit. �However, on 10 August 2023 the Chief Commissioner notified the appellant that he had admitted the late application for special reasons under regulation 9(3) of the Social Security Commissioners (Procedure) Regulations (NI) 1999.

8.���� The appellant, now represented by Mr Easton MLA, submitted that he suffers from a number of physical conditions. �He did not expressly set out submissions to the effect that the tribunal had erred in law.

9.���� 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 not materially erred in law on basis of any of the grounds advanced. �He indicated that the Department did not support the application on those grounds.