LC v Department for Communities (ESA)

2.���� Having considered the circumstances of the case I am satisfied that the application can properly be determined without a hearing. �The parties are in agreement with this course.

4.���� By virtue of regulation 11(3) of the Social Security Commissioners (Procedure) Regulations (Northern Ireland) 1999, I treat and determine this application as an appeal as both parties have given their consent.

5.���� Both parties have expressed the view that the decision appealed against was erroneous in point of law.

6.���� Accordingly, pursuant to the powers conferred on me by Article 15(7) of the Social Security (Northern Ireland) Order 1998, I allow the appeal, I set aside the decision appealed against and I refer the case to a differently constituted Tribunal for determination. �Given significant (and multiple) findings of fact may be required in the consideration of this appeal it is appropriate to remit it to a freshly constituted Appeal Tribunal for consideration.

7.���� It is imperative that the claimant notes that while the decision of the Appeal Tribunal has been set aside, the issue of the recoverability of any overpayment remains to be determined by another Appeal Tribunal.