EP -v- Department for Social Development (ESA) (Capital)

The decision of the appeal tribunal dated 17 June 2014 is in error of law. The error of law identified will be explained in more detail below. 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.

For further reasons set out below, I am unable to exercise the power conferred on me by Article 15(8)(a) of the Social Security (Northern Ireland) Order 1998 to give the decision which the appeal tribunal should have given. This is because there may be further findings of fact which require to be made and I do not consider it expedient to make such findings, at this stage of the proceedings. Accordingly, I refer the case to a differently constituted appeal tribunal for re-determination.

In referring the case to a differently constituted appeal tribunal for re-determination, I direct that the appeal tribunal takes into account the guidance set out below.

The claimant made a claim to ESA from and including 14 September 2012. On 4 October 2012 a decision-maker of the Department decided that the claimant was not entitled to ESA from and including 14 September 2012. In summary, the stated reason for the disallowance of entitlement to ESA was that the claimant had capital in excess of £16,000.

An appeal against the decision dated 4 October 2012 was received in the Department on 29 October 2012. On 18 October 2013 the decision dated 4 October 2012 was looked at again but was not changed.