Disability Living Allowance Appeal

We have just received a letter from HM Courts & Tribunals Service with Decision Notice relating to successful appeal dating back to August 2013. 
The background is as follows:  We first assisted a client to apply for DLA back in 2011; application was turned down, but following a Reconsideration, was awarded HR/MOB, HR/CARE with renewal date in 2013 after client’s 65th birthday.  Again client was turned down, but awarded HR/MOB following Reconsideration (no Care component). 
We assisted with an Appeal last August which the client found really stressful, however he was awarded LR/CARE, in addition to the Mobility Component.  Nothing further was heard until a letter received today dated 3/01/2014 stating that an application for permission to appeal to the Upper Tribunal had been made following the August decision,  although this was deemed unnecessary, it appears that the Appeal will have to be heard again by an different tribunal (no date set).  The submission was that the decision was ‘in error of law’. (On enquiry it appears that WSOR applied for by Blackpool in September 2013.)
I am guessing that this is because Low Rate Care cannot be awarded for the first time after the age of 65, however my understanding is that it can be if the applicant could demonstrate that they previously qualified before the age of 65.  Given that a previous award of high rate care had been granted and was in place up to March 2013, and that the Tribunal in August acknowledged an underlying entitlement to the Lower Rate I am questioning whether this is ‘in error of law’. 
The applicant is reluctant to go through yet another tribunal after his previous experience and yet he has not brought the appeal.  Would appreciate any guidance on this, which is an unwelcome start to the New Year.

How do you know that a new tribunal will take place?  The upper tribunal may decide that there is no error of law.

iut044: my reading of the OP is that the August 2013 decision has been set aside by the FTT judge in response to the request for leave to appeal.

If this is the case then your client either has to attend the new hearing or, take the risk of a paper hearing (or an oral hearing where he does not attend but you represent).

If the Record of Proceedings from the first tribubunal is reasonably clear and the WRSOR is coherent and the alleged ‘error in law’ is what you believe it is (and therefore, I agree, no error at all!) that may diminish the risk in following either of these courses.