TC v Department for Communities (ESA) (Employment and Support Allowance)

1.���� This is an appeal by a claimant, now deceased, from the decision of an appeal tribunal with reference CR/927/19/51/P.

2.���� For the reasons I give below, I allow the appeal under Article 15(8)(a) of the Social Security (NI) Order 1998. �I set aside the decision of the appeal tribunal. �I make findings of fact and I decide that the late appellant had limited capability for work-related activity from 7 November 2018.

4.���� The appeal was considered by a tribunal consisting of a legally qualified member (LQM) and a medically qualified member on 6 November 2019. �The tribunal disallowed the appeal. �The appellant then requested a statement of reasons for the tribunal�s decision and this was issued on 5 March 2020. �In the interim period, sadly, the appellant had died.

5.���� The appellant�s widow applied to the LQM for leave to appeal from the decision of the appeal tribunal, and was appointed to continue her late husband�s appeal. �I will subsequently refer to her as �the appointee�. �Leave to appeal was granted by a determination issued on 29 July 2020. �The ground on which leave to appeal was granted was whether the tribunal had fully considered the appellant�s medical conditions and his epilepsy in particular. �On 3 September 2020 the appointee submitted the appeal to the Social Security Commissioner.

6.���� The appellant submits that the tribunal has erred in law on the basis that the risks arising from the appellant�s epilepsy restricted all his activities, such as volunteering, that he was refused opportunities due to his condition and that his death was related to epilepsy.