FK v Department for Communities (PIP)

As will be explained in greater detail below, both parties have expressed the view that the decision appealed against was erroneous in point of law.

Accordingly, pursuant to the powers conferred on me by Article 15(7) of the Social Security (Northern Ireland) Order 1998, I allow the appeal, I set aside the decision appealed against and I refer the case to a differently constituted tribunal for determination.

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.

I direct that the parties to the proceedings and the newly constituted appeal tribunal take into account the following:

(i) the decision under appeal is a decision of the Department, dated 8 February 2018, which decided that the appellant was not entitled to either component of PIP from and including 24 October 2017;