RD -v- Department for Social Development (DLA)

1.���� This is a claimant�s application for leave to appeal from the decision of an appeal tribunal sitting at Coleraine.

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

5.���� The applicant, represented by Ms Deans of Causeway Citizens Advice Bureau, submits that the tribunal has erred in law on the basis that:

(ii) the statement of reasons inadequately addressed the issue of the applicant�s mental health;

6.���� The Department was invited to make observations on the applicant�s grounds. Mr Hinton of Decision Making Services (DMS) responded on behalf of the Department. �Mr Hinton submitted that the tribunal had not erred in law as alleged and indicated that the Department did not support the application.