LC v Department for Communities (ESA)

1.���� This is a claimant's application for leave to appeal from the decision of an appeal tribunal with reference BE/3925/20/51/P.

2.���� An oral hearing of the application has been requested. �However, I consider that the proceedings can properly be determined without an oral hearing.

3.���� For the reasons I give below, I grant leave to appeal. �I allow the appeal under Article 15(8)(b) of the Social Security (NI) Order 1998. �I refer the appeal to a newly constituted tribunal for determination.

6.���� The appellant submits that the tribunal has erred in law on the basis that:

7.���� The Department was invited to make observations on the appellant's grounds. �Ms Toner of Decision Making Services (DMS) responded on behalf of the Department. �She did not support the application on any of the grounds submitted. �However, in the appellant's interests, she submitted that the tribunal had potentially erred in law on the basis that the issue of capability for work-related activity was not considered fully. �She indicated that the Department supported the application on that ground.