TC v Department for Communities (PIP)

I grant leave to appeal, and deal with the substantive appeal, which I allow. �I set aside the decision of the Tribunal sitting at Newtownards on 10 October 2023 as being in error of law. �I remit the matter back to a freshly constituted Tribunal with the following directions.

       These directions may be supplemented by a Chair of the Appeals Service (TAS) giving listing and case management directions.

       The hearing shall be before a fresh tribunal. �The appellant, or her representative must notify TAS within 21 days of issue of this decision of her choice of telephone, online (video platform) or face to face hearing format.

       The new tribunal will look at the decision under appeal afresh, and will make its own findings and decision on all relevant descriptors.

       The appellant should be aware that the new tribunal will be looking at her health problems and how they affected her day-to-day life at the time that the decision under appeal was made on 9 October 2021. �Health problems and other difficulties occurring after that can only be taken into account in so far as they shed light on what the position was likely to have been at that time.