LC v Department for Social Development (DLA) (Disability Living Allowance)

1.��� Having considered the circumstances of the case, 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 14 December 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.��� 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.

5.��� 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.

6.��� The decision-making process giving rise to the appeal is central to the basis upon which the decision of the appeal tribunal has been found to be in error of law.