LC v Department for Communities (PIP) (Not Applicable)

1.���� The decision of the appeal tribunal dated 2 February 2021 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 her 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 6 November 2019 a decision maker of the Department decided that the appellant was not entitled to either component of PIP from and including 9 September 2019. �Following a request to that effect, the decision dated 6 November 2019 was reconsidered on 19 November 2019 but was not changed. �An appeal against the decision dated 6 November 2019 was received in the Department on 2 December 2019.

6.���� The appeal tribunal hearing took place on 2 February 2021. �The appeal proceeded by way of a �paper� hearing. �I will return below to the listing of the hearing in that mode. �The appeal tribunal disallowed the appeal and confirmed the Departmental decision of 6 November 2019.