YK -v- Department for Social Development (ESA) [2012] NICom 350 (7 January 2013)

YK -v- Department for Social Development (ESA) [2012] NICom 350 (7 January 2013)

The tribunal erred in law by failing to consider whether the appellant's physical conditions could satisfy descriptors in Part 2 of Schedule 2 to the ESA Regulations (NI) 2008, as the law does not require that only mental health conditions can satisfy those descriptors.

Citation
[2012] NICom 350
Parties
Appellant: YK; Respondent: Department for Social Development
Jurisdiction
Northern Ireland
Judgment Date
07 January 2013
Procedural Posture
Social Security Appeal / Appeal to Social Security Commissioner on a Question of Law From a Tribunal Decision
Outcome
decision of appeal tribunal set aside; case remitted for rehearing
Legal Topics
Employment and Support Allowance, Limited Capability for Work, Tribunal Error of Law, Application of Regulation 19 and Schedule 2 ESA Regulations (ni) 2008
Social Security Law Employment and Support Allowance Limited Capability for Work Tribunal Error of Law Application of Regulation 19 and Schedule 2 ESA Regulations (ni) 2008

Case Brief

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Parties

YK

Appellant

Department for Social Development

Respondent

Procedural Posture

Social Security Appeal / Appeal to Social Security Commissioner on a Question of Law From a Tribunal Decision

Legal Issues

  1. 1 Whether the appeal tribunal adopted the proper approach to the application of regulation 19 and Schedule 2 to the Employment and Support Allowance Regulations (Northern Ireland) 2008
  2. 2 Whether the tribunal erred in law by failing to consider Part 2 descriptors in Schedule 2 for non-mental health conditions

Ratio Decidendi

The tribunal erred in law by failing to consider whether the appellant's physical conditions could satisfy descriptors in Part 2 of Schedule 2 to the ESA Regulations (NI) 2008, as the law does not require that only mental health conditions can satisfy those descriptors.

Court Disposition

decision of appeal tribunal set aside; case remitted for rehearing

Orders

  • Decision of the appeal tribunal dated 3 February 2011 is set aside.
  • Case referred to a differently constituted appeal tribunal for re-determination.