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

1.���� The decision of the appeal tribunal dated 13 January 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.

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 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.�

6.���� The appeal tribunal hearing took place on 13 January 2016. �The appellant was present, was accompanied by her husband and was represented. �There was no Departmental Presenting Officer present. The appeal tribunal disallowed the appeal and issued decision notices to the following effect:

From and including the 7/5/15 the appellant satisfies the criteria for the award of the low rate of the care component of the care component of DLA (main meal).