WJTK-v-Department for Social Development (ESA) (WCA - Activity 16)

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.

I am able to exercise the power conferred on me by Article 15(8)(a)(ii) of the Social Security (Northern Ireland) Order 1998 to give the decision which I consider the appeal tribunal should have given as I can do so having made further findings of fact. The fresh findings in fact are outlined below.

Although this was not an issue directly before me, based on the evidential assessment and fact-finding conducted above, I am also applying the descriptor in activity 13 in Schedule 3 to the 2008 Regulations. This means that the appellant has limited capability for work-related activity. This determination also takes effect from and including 19 May 2014.

The decision under appeal to the appeal tribunal was a decision of the decision-maker of the Department, dated 19 May 2014, which decided that:

(i) grounds existed to supersede an earlier decision of the Department which had awarded an entitlement to ESA, from and including 23 August 2011; and