RGS v Department for Social Development (ESA) (Tribunals - procedure and practice)

This is a claimant's appeal from the decision of an appeal tribunal sitting at Belfast.

For the reasons we give below, we allow the appeal and set aside the decision of the appeal tribunal under Article 15(8)(b) of the Social Security (NI) Order 1998. We direct that the appeal shall be determined by a newly constituted tribunal.

The Appeals Service (TAS) wrote the appellant to ask if he wished to have an oral hearing of his appeal, using a pro forma letter - a Reg2(i)d. He did not respond. TAS listed the appeal for determination by way of a hearing in the appellant's absence without notifying him. The appeal was determined by a tribunal consisting of a legally qualified member (LQM) and a medically qualified member on 22 March 2013. The tribunal disallowed the appeal and the notice of the tribunal's decision was issued to the appellant on 25 March 2013.

The appellant then sent TAS a completed Reg2(i)d pro forma, indicating that he wanted an oral hearing of his appeal. The appellant's letter of 25 April 2013 was treated as an application for leave to appeal to the Social Security Commissioner and was acknowledged as such on 28 July 2013. On 16 September 2013 the LQM rejected the application for the reason that a statement of reasons had not been requested by the appellant. On 23 September 2013 the appellant applied for leave to appeal from a Social Security Commissioner.

The appellant submits that the tribunal's decision was wrong on the basis of his having various health problems. Explaining the lateness of his application, the appellant indicated that he did not become aware that the tribunal had heard and made a decision in his case until 26 April 2013.