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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 26 June 2009 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.
6.��� 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.
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Common Room
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