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

1.���� Having considered the circumstances of the case, I am satisfied that the application can properly be determined without a hearing. �I grant leave to appeal and proceed to determine all questions arising thereon as though they arose on appeal.

2.���� The decision of the appeal tribunal dated 4 June 2010 is not in error of law. �Accordingly, the appeal to the Social Security Commissioner does not succeed. �The decision of the appeal tribunal to the effect that the appellant is entitled to the lowest rate of the care component of disability living allowance (DLA) for the period from 24 October 2009 to 23 October 2011 and is not entitled to the mobility component of DLA from and including 24 October 2009 is confirmed.

3.���� On 18 August 2009 a decision-maker of the Department decided that the appellant should not have an entitlement to either component of DLA on a renewal claim to that benefit. �On 2 September 2009 a letter of appeal against the decision dated 18 August 2009 was received in the Department. �On 15 September 2009 the decision dated 18 August 2009 was reconsidered but was not changed.

4.���� Following an earlier adjournment, the substantive oral hearing of the appeal took place on 4 June 2010. �The appellant was present and was represented by Mr McCloskey from the Citizens Advice organisation The Department was not represented. �The appeal tribunal allowed the appeal and made an award of entitlement to the lowest rate of the care component of DLA for the period from 24 October 2009 to 23 October 2011.

�������� On 18 October 2010 an application for leave to appeal was received in The Appeals Service. �On 20 October 2010 the application for leave to appeal was refused by the legally qualified panel member.