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The decision of the First-tier Tribunal on 17 March 2011 under reference 221/10/00057 (the Disability Living Allowance appeal) did not involve the making of an error of law.�
The decision of the First-tier Tribunal on 17 March 2011 under reference 221/10/00011 (the Incapacity Benefit appeal) did not involve the making of a material error of law.�
Having been unsuccessful in both appeals, the appellant�s representative appealed on the grounds that the tribunal was not composed in accordance with the Senior President�s Practice Statement on the Composition of Tribunals in Social Security and Child Support Cases in the Social Entitlement Chamber on or after 23 November 2008 (�the Practice Statement�) and on the basis of failures to find sufficient facts and give sufficient reasons.� The facts and reasons grounds are set out in detail later in this decision.
Where the appeal relates to an attendance allowance or a disability living allowance under Part III of the Social Security Contributions and Benefits Act 1992, the Tribunal must, subject to paragraphs 8 to 13, consist of a Tribunal Judge, a Tribunal Member who is a registered medical practitioner, and a Tribunal Member who has a disability qualification as set out in article 2(3) of the Qualifications Order.
a. the appeal involves the personal capability assessment, as defined in regulation 2(1) of the Social Security (Incapacity for Work)(General) Regulations 1995; �
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