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1.��� The decision of the appeal tribunal dated 27 June 2008 is in error of law.
2.��� 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.��� 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 further findings in fact. �The fresh findings in fact are outlined below.
4.��� My substituted decision is that the appellant is entitled to the lowest rate of the care component and the lower rate of the mobility component of disability living allowance (DLA) from and including 22 October 2005. �Any award of entitlement to DLA, made on any decision of the Department since 22 October 2005, is treated as having been made on account of this award.
5.��� On 8 November 2005, a decision-maker of the Department decided that the appellant was not entitled to DLA from and including 22 October 2005 on a renewal claim. �On 28 February 2006, the decision dated 8 November 2005 was reconsidered but was not changed. �An appeal against the decision dated 8 November 2005 was received in the Department on 24 March 2006.
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