CC v Department for Communities (PIP)

This is a claimant's application for leave to appeal from the decision of an appeal tribunal sitting at Craigavon.

For the reasons I give below, I grant leave to appeal. However, I disallow the appeal.

The appellant, represented by Mr Black of Law Centre (NI), submitted that the tribunal has erred in law on the basis that it failed to explain why it had not awarded mobility component, despite the appellant enjoying previous awards of DLA mobility component.

The Department was invited to make observations on the appellant's grounds. Ms Patterson of Decision Making Services (DMS) responded on behalf of the Department. Ms Patterson submitted that the tribunal had not erred in law as alleged and indicated that the Department did not support the application.

The LQM has prepared a statement of reasons for the tribunal's decision. From this I can see that the tribunal had documentary material before it consisting of the Department's submission, containing the PIP2 questionnaire completed by the appellant, a consultation report from the HCP, two CBT therapist letters, two supplementary medical reports, DLA related evidence and a reconsideration letter from the Department awarding standard rate daily living component. The tribunal had sight of the appellant's medical records.