WS v Department for Communities (UC) (Tribunals - General)

1.���� The appellant seeks to appeal against the appeal tribunal's decision dated 15 March 2023 that she did not have limited capability for work from and including 7 June 2022 for the purposes of her universal credit (UC) claim.

2.���� Her grounds of appeal, submitted by her representative in the Commissioners' proceedings, Sin�ad McKinley of STEP NI, are in summary that the appellant's "learning difficulties" were not considered by the tribunal, which ought to have sought additional evidence in relation to them.� The need to do so is submitted to be especially acute in view of claimed "language barriers".

3.���� In the usual way, the Department's comments were invited on the application.� In a submission dated 10 June 2024, Lisa Toner submits that the tribunal did not err in the manner submitted, in essence because there was no evidence before it to suggest that the appellant had any learning disability and therefore the tribunal could not be criticised for failing to investigate that aspect further.

4.���� Ms Toner goes on to submit that, with one possible exception, which I consider further below, the tribunal carried out a comprehensive review of the evidence before it and was entitled to come to the conclusions which it reached.

5.���� The possible exception, which Ms Toner has properly flagged, is whether, in the light of the evidence which it had, the tribunal ought to have adjourned in order to clarify whether or not the appellant had a certificate of visual impairment and if so whether it was for visual impairment or severe visual impairment/blindness.