WH v Department for Communities (PIP) (PIP - Meaning of safely)

1.���� The decision of the appeal tribunal dated 29 May 2018 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.

3.���� 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.

4.���� 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 Personal Independence Payment (PIP) 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.

5.���� On 15 September 2017 a decision maker of the Department decided that the appellant was not entitled to PIP from and including 31 July 2017.� Following a request to that effect, and the receipt of additional medical evidence, the decision dated 15 September 2017 was reconsidered on 30 November 2017 but was not changed.� An appeal against the decision dated 15 September 2017 was received in the Department on 19 December 2017.

7.���� On 20 September 2018 an application for leave to appeal to the Social Security Commissioner was received in the Appeals Service (TAS). �On 18 October 2018 the application for leave to appeal was refused by the Legally Qualified Panel Member (LQPM).