RMCC -v- Department for Social Development (DLA)

The decision of the appeal tribunal dated 25 July 2016 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.

In referring the case to a differently constituted appeal tribunal for re-determination, I direct that the appeal tribunal takes into account the guidance set out below.

It is imperative that the appellant notes that while the decision of the appeal tribunal has been set aside, the issue of her entitlement to Disability Living Allowance (DLA) 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.

On 22 July 2015 a decision maker of the Department decided that the appellant was not entitled to DLA from and including 20 April 2015. An appeal against the decision dated 22 July 2015 was received in the Department on 13 August 2015.

The appeal was first listed for oral hearing on 20 November 2015. The appellant was not present but was represented. There was a Departmental Presenting Officer present. The appeal was adjourned in order that a request could be made by the appellant's representative for the appellant to be examined by an Examining Medical Practitioner (EMP) and for the appeal tribunal to be provided with a typed version of a General Practitioner (GP) Factual Report.