LMCA-v-Department for Social Development (IS) ((Not Applicable))

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 allow the appeal and I set aside the decision of the appeal tribunal under Article 15(8)(a) of the Social Security (NI) Order 1998.

I make findings of fact and determine the appeal myself. I decide that the applicant did not possess and should not be treated as possessing capital in excess of the prescribed amount from 21 May 2014 to 31 January 2016. Provided that she has satisfied the remaining conditions of entitlement for the relevant period, I determine that she is entitled to income support from 21 May 2014 to 31 January 2016. I direct the Department to confirm that the remaining conditions of entitlement are satisfied and, if so, to assess the rate of payment to which the applicant is entitled.

The appeal was decided on the papers on 20 October 2014 by a legally qualified member (LQM) sitting alone. The tribunal disallowed the appeal. The applicant requested a statement of reasons for the tribunal's decision. This was issued on 7 January 2015. The applicant sought leave to appeal to the Social Security Commissioner from the LQM. Leave to appeal was refused by a determination issued on 24 February 2015. On 31 March 2015 the applicant sought leave to appeal from a Social Security Commissioner.

The applicant, then represented by Mr Smyth of Citizens Advice, submitted that the tribunal had erred in law on the ground that it: