LC v Department for Communities (ESA)

1.���� This is a claimant�s application for leave to appeal from the decision of an appeal tribunal sitting at Belfast.

2.���� An oral hearing of the application has been requested. �However, I am satisfied that the proceedings can properly be determined without an oral hearing.

3.���� For the reasons I give below, I grant leave to appeal. �I allow the appeal and I set aside the decision of the appeal tribunal under Article 15(8)(b) of the Social Security (NI) Order 1998.

4.���� I refer the appeal to a newly constituted tribunal for determination. �I direct that the tribunal shall have particular regard to the requirements of the legislation in the light of Charlton v Secretary of State for Work and Pensions [2009] EWCA Civ 42 .

6.���� The appeal was considered by a tribunal consisting of a legally qualified member (LQM) and a medically qualified member on 23 August 2017. �The tribunal disallowed the appeal. �The appellant then requested a statement of reasons for the tribunal�s decision and this was issued on 20 February 2018. �The appellant applied to the LQM for leave to appeal from the decision of the appeal tribunal. �Leave to appeal was refused by a determination issued on 21 May 2018. �On 21 June 2018 the appellant applied for leave to appeal from a Social Security Commissioner.