GG-v-Department for Social Development (DLA)

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.

2.���� I grant leave to appeal and proceed to determine all questions arising thereon as though they arose on appeal.

3.���� The decision of the appeal tribunal dated 12 September 2008 is in error of law. �The error of law identified will be explained in more detail below.

4.���� 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.

5.���� For further reasons set out below, I am unable to exercise the power conferred on me by Article 15(8)(a) of the Social Security (Northern Ireland) Order 1998 to give the decision which the appeal tribunal should have given, as there may be additional medical evidence which requires to be considered, and further findings of fact which require to be made. �Further I do not consider it expedient to make such findings, at this stage of the proceedings. �Accordingly, I refer the case to a differently constituted appeal tribunal for re-determination.