RC-v-Department for Social Development (IS)

1.���� I grant leave to appeal and proceed to determine all questions arising thereon as though they arose on appeal. �The decision of the appeal tribunal dated 12 June 2009 is not in error of law. �Accordingly the decision of the appeal tribunal that the appellant is not entitled to income support (IS) from and including 23 November 2004 is upheld.

2.���� This appeal is linked to two other appeals before the Social Security Commissioners with the references C1/13-14(IS) and C2/13-14(IS).

3.���� On 23 November 2004 the appellant requested a claim form to IS. �A completed claim form to IS was received in the Department on 8 December 2004. �Following receipt of additional information, on 22 December 2004, a decision-maker of the Department decided that the appellant was not entitled to IS from 23 November 2004. �An appeal against the decision dated 22 December 2004 was received in the Department on 28 January 2005. �On 19 June 2005 the decision dated 22 December 2004 was reconsidered but was not changed.

4.���� Following a series of postponements and adjournments, the substantive oral hearing of the appeal took place on 12 June 2009. �The appeal was heard at the same time as two other appeals relating to this appellant. �The appellant was present, was represented and her sister and ex-husband are recorded as attending as witnesses. �The Department was represented by a Departmental presenting officer.

5.���� The appeal tribunal disallowed the appeal and issued a decision in the following form: