WT -v- Department for Social Development (IS)

1.��� The decision of the appeal tribunal dated 21 October 2008 is in error of law. �The error of law identified will be explained in more detail below. �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.

2.��� 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 fresh or further findings of fact.

3.��� My revised decision is that the decisions of the Department dated 11 February 2008 and 13 February 2008 are upheld. �Accordingly the appellant is not entitled to income support (IS) from 21 March 2007 to 8 May 2007 and from and including 9 May 2007.

4.��� Accordingly, although the appeal to the Social Security Commissioners succeeds, the decision in respect benefit entitlement remains the same.

5.��� The appellant had been living with his wife and their seven children at an address in Omagh which I will refer to as �RR�. �On 22 March 2006, the claimant took out a mortgage with his wife to purchase a house in Omagh at an address which I will refer to as �DR�. �Following a separation from his wife on 24 April 2006, the appellant moved into the house at �DR� with five of his children and claimed IS. �His wife continued to reside in the house at �RR� with their remaining two children.