CD -v- Department for Social Development (DLA) ((Not Applicable))

1.���� The decision of the appeal tribunal dated 7 July 2015 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 disability living allowance (DLA) 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 12 February 2015 a decision-maker of the Department decided that the appellant was not entitled to either component of DLA from and including 12 December 2014. �On 18 February 2015 the appellant asked for the decision dated 12 February 2015 to be reconsidered. �Following the receipt of further information from the appellant, the decision dated 12 February 2015 was reconsidered on 16 March 2015 but was not changed. �An appeal against the decision dated 12 February 2015 was received in the Department on 8 April 2015.

6.���� The appeal tribunal hearing took place on 7 July 2015. �The appellant was present and was accompanied by his partner. �There was no departmental Presenting Officer present. �The appeal tribunal disallowed the appeal and confirmed the decision dated 12 February 2015.