NBC v Department for Social Development (ESA) (Employment and Support Allowance )

1.��� Having considered the circumstances of the case, I am satisfied that the application can properly be determined without a hearing. �I grant leave to appeal and proceed to determine all questions arising thereon as though they arose on appeal.

2.��� The decision of the appeal tribunal dated 27 July 2010 is in error of law. �The appeal tribunal should note, however, that the Department accepts that the appeal tribunal was misled by an omission in the appeal submission to consider, in detail, the potential application of regulation 6(1D)(c) of the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987, as amended.

3.��� 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.

4.��� 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 further findings in fact. �The fresh findings in fact are outlined below.

5.��� My substituted decision is that the appellant is entitled to employment and support allowance (ESA) from 17 September 2009 to 31 October 2009.