CD v Department for Communities (PIP) (PIP Descriptor 9(c))

The decision of the appeal tribunal dated 4 August 2017 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.

I am able to exercise the power conferred on me by Article 15(8)(a)(ii) of the Social Security (Northern Ireland) Order 1998 to give the decision which I consider the appeal tribunal should have given as I can do so having made fresh or further findings of fact.

My substituted decision is that the appellant is entitled to the standard rate of the daily living component and the standard rate of the mobility component of Personal Independence Payment (PIIP) from 12 April 2017 to 11 April 2019.

On 11 March 2017 a decision maker of the Department decided that the appellant was not entitled to PIP from and including 13 January 2017. Following a request to that effect the decision dated 11 March 2017 was reconsidered on 5 March 2017 but was not changed. An appeal against the decision dated 11 March 2017 was received in the Department on 19 April 2017.