EJ-v-Department for Social Development (ESA) ((Not Applicable))

The decision of the appeal tribunal dated 25 June 2014 is in error of law. The error of law identified will be explained in more detail below. Pursuant to the powers conferred on me by Article 15(8) of the Social Security (Northern Ireland) Order 1998, I set aside the decision appealed against.

It is imperative that the appellant notes that while the decision of the appeal tribunal has been set aside, the issue of her entitlement to employment and support allowance (ESA) remains to be determined by another appeal tribunal. In accordance with the guidance set out below, the newly constituted appeal tribunal will be undertaking its own determination of the legal and factual issues which arise in the appeal.

The decision under appeal to the appeal tribunal was a decision of the decision-maker of the Department, dated 8 October 2012, which decided that:

(i) grounds existed to supersede an earlier decision of the Department, dated 9 November 2011, which had awarded an entitlement to ESA, from and including 2 December 2011; and

(ii) the appellant did not have limited capability for work and was, therefore, not entitled to ESA from and including 8 October 2012.