O'Neil v Department For Communities

[1]������� This is an application by Louise O�Neill (�the applicant�) under section 22 of the Social Security Administration (Northern Ireland) Act 1992 and Regulation 33 of the Social Security Commissioners (Procedure) Regulations (Northern Ireland) 1999 for leave to appeal to the Court of Appeal from the decision of a Social Security Commissioner C20/15-16 (ESA) dated 25 January 2016 and issued on 1 February 2016. �

[2]������� By his decision the Social Security Commissioner dismissed Mrs. O�Neill�s appeal against a decision that she was not entitled to receive Employment and Support Allowance (�ESA�) for the period 28 May 2013 to 30 September 2015.� The applicant now receives ESA. �

[3]������� Section 1 of the Welfare Reform Act (NI) 2007 sets out the basis for entitlement to ESA.� One of the conditions relates to limited capability for work, expressed as follows:

[4]������� Section 8 of the Welfare Reform Act (NI) 2007 then provides for regulations for the assessment of limited capability for work:

- (1) For the purposes of this Part, whether a person�s capability for work is limited by his physical or mental condition and, if it is, whether the limitation is such that it is not reasonable to require him to work shall be determined in accordance with regulations.