WOD -v- Department for Communities (DLA)

The decision of the appeal tribunal dated 13 December 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 his entitlement to Disability Living Allowance, for a particular period, 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.

The appeal was first listed for oral hearing on 26 February 2016. The appellant was present, was unrepresented but was accompanied by two friends. There was no Departmental Presenting Officer present. The appeal was adjourned for the purposes of obtaining a report from an Examining Medical Practitioner (EMP).

Further evidence was received in the Department from the appellant's representative on 4 March 2016. On 21 April 2016 a further appeal submission was received in the Appeals Service (TAS). The further submission addressed the contents of a report of an examination by an EMP, itself dated 6 April 2016. The EMP report was attached to the further appeal submission.