YE -v- Department for Social Development (IS) (Overpayment)

This is a claimant's application for leave to appeal from the decision of an appeal tribunal sitting at Craigavon.

For the reasons I give below, I grant leave to appeal. I set aside the decision of the tribunal under Article 15(7) of the Social Security (NI) Order 1998 and I refer the appeal to a newly constituted tribunal for determination.

The applicant claimed income support (IS) on 21 October 2009 on the basis of incapacity for work, indicating that she had savings of £1,091 in a bank account and other investments of £1,626. She was awarded IS by the Department for Social Development (the Department) from 28 October 2009. The award of IS continued in payment until 24 October 2013.

The appeal was considered by a tribunal consisting of a legally qualified member (LQM) sitting alone. After a hearing on 4 November 2015, which the applicant did not attend, the tribunal disallowed the appeal. The applicant requested a statement of reasons for the tribunal's decision and this was issued on 12 January 2016. The applicant applied to the LQM for leave to appeal from the decision of the appeal tribunal but leave to appeal was refused by a determination issued on 12 February 2016. On 8 March 2016 the applicant applied to a Social Security Commissioner for leave to appeal.

(i) the tribunal did not apply the correct law in her case as she was severely ill with mental health problems;