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

This is a claimant�s appeal from the decision of an appeal tribunal sitting at Omagh.

An oral hearing of the appeal has been requested. However, I consider that the appeal may properly be determined without a hearing.

For the reasons given below, I grant leave to appeal on a single ground. Under Article 15(8)(b) of the Social Security (NI) Order 1998 I allow the appeal on that ground. I set aside the decision of the appeal tribunal and I direct that the appeal shall be reheard by a newly constituted tribunal.

The applicant claimed disability living allowance (DLA) from the Department for Social Development (the Department) from 3 September 1997. She was awarded high rate mobility component and low rate care component for an indefinite period. The award was superseded from 5 June 2006 and from that date she was awarded the high rate of the mobility component and the middle rate of the care component for an indefinite period.

The appeal was considered by a tribunal consisting of a legally qualified member (LQM), a medically qualified member and a disability qualified member. After a hearing on 1 April 2014 the tribunal disallowed the appeal. The applicant then requested a statement of reasons for the tribunal�s decision and this was issued on 24 June 2014. The applicant applied to the LQM for leave to appeal from the decision of the appeal tribunal but leave to appeal was refused by a determination issued on 21 July 2014. On 13 August 2014 the applicant applied to a Social Security Commissioner for leave to appeal.