LC-v-Department for Social Development (IS)

1.���� The decision of the appeal tribunal dated 29 July 2010 is in error of law. �The error of law identified will be explained in more detail below.

3.���� 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 income support (IS) 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.

4.���� On 21 September 2009 a decision-maker of the Department decided that the appellant should not have an entitlement to IS from and including 15 July 2009. �The particulars of that decision will be explored in more detail below. �On 15 October 2009 an appeal against the decision dated 21 September 2009 was received in the Department. �On 20 October 2009 the decision dated 21 September 2009 was looked at again but was not changed.

5.���� Following an earlier adjournment of the appeal to facilitate the preparation of an addendum to the appeal submission, the substantive oral hearing of the appeal took place on 29 July 2010. �The appellant was present and was represented by the Citizens Advice organisation. �A Departmental presenting officer was present. �The appeal tribunal disallowed the appeal and issues a decision notice to the following effect:

6.���� On 9 December 2010 an application for leave to appeal was received in the Appeals Service. �On 21 January 2011 the application for leave to appeal was granted by the legally qualified panel member (LQPM). �In granting leave to appeal the LQPM identified the following, as a point of law arising: