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Northern Ireland Case Law

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Social security law [2025] NICom 29

ST v Department for Communities (ESA) (Good Cause)

ST v Department for Communities (ESA) (Good Cause) [2025] NICom 29 (23 January 2026)

The Commissioner allowed the appeal, finding the claimant had good cause for missing an ESA assessment because her failure stemmed from mental health issues linked to an obsessional trust problem.

  • Employment and support allowance
  • Good cause for non-attendance
  • Mental health and benefits
  • Tribunal procedure
  • Disability discrimination
  • Employment-and-support-allowance
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Social security law [2025] NICom 27

EB v Department for Communities (ESA)

EB v Department for Communities (ESA) [2025] NICom 27 (07 November 2025)

The Commissioner held that the tribunal made a material error of law in an ESA overpayment appeal by misidentifying where pension income had been disclosed.

  • Employment and support allowance
  • Overpayment recovery
  • Disclosure of material facts
  • Appeal procedure
  • Employment-and-support-allowance
  • Overpayment-recovery
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Social security [2025] NICom 13

MD v Department for Communities (ESA) (Regulation 31 and the effect of the mental and physical health of any person as a result of a refusal of LCWRA)

MD v Department for Communities (ESA) (Regulation 31 and the effect of the mental and physical health of any person as a result of a refusal of LCWRA) [2025] NICom 13 (15 April 2025)

The Commissioner allowed an ESA appeal because the tribunal gave inadequate reasons for saying Regulation 31 did not apply, and remitted the case for rehearing.

  • Employment and support allowance
  • Limited capability for work
  • Limited capability for work-related activity
  • Regulation 31
  • Tribunal reasoning
  • Employment-and-support-allowance
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Social security law [2025] NICom 12

NG v Department for Communities (ESA) (Tribunals - Reasons)

NG v Department for Communities (ESA) (Tribunals - Reasons) [2025] NICom 12 (14 April 2025)

The Commissioner allowed an ESA appeal because the tribunal gave inadequate reasons for rejecting regulation 29 on substantial risk to health.

  • Employment and support allowance
  • Regulation 29 esa regulations (ni) 2008
  • Tribunal reasons
  • Substantial risk test
  • Social-security
  • Employment-and-support-allowance
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Social security law [2025] NICom 9

LC v Department for Communities (ESA)

LC v Department for Communities (ESA) [2025] NICom 9 (18 March 2025)

The Commissioner granted leave to appeal against an ESA tribunal decision, found an error of law in its handling of regulation 35, set the decision aside, and referred the case back.

  • Employment and support allowance
  • Limited capability for work
  • Tribunal procedure
  • Error of law
  • Work-related activity assessment
  • Employment-and-support-allowance
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Social security law [2025] NICom 5

CC v Department for Communities (ESA)

CC v Department for Communities (ESA) [2025] NICom 5 (13 February 2025)

Leave to appeal was granted on a novel legitimate expectation point, but the Commissioner disallowed the appeal against recovery of an ESA overpayment.

  • Employment and support allowance
  • Overpayment recovery
  • Legitimate expectation
  • Maladministration
  • Tribunal procedure
  • Employment-and-support-allowance
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Social security law [2023] NICom 25

AL v Department for Communities (ESA)

AL v Department for Communities (ESA) (EMPLOYMENT AND SUPPORT ALLOWANCE) [2023] NICom 25 (19 September 2023)

The Commissioner allowed an ESA appeal, holding that the tribunal gave inadequate reasons for finding the claimant fit for work-related activity.

  • Employment and support allowance
  • Tribunal procedure
  • Error of law
  • Adequacy of reasons
  • Employment-and-support-allowance
  • Tribunal-procedure
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Social security law [2023] NICom 29

NS v Department for Communities (ESA)

NS v Department for Communities (ESA) [2023] NICom 29 (18 September 2023)

Commissioner allowed an ESA appeal, set aside the tribunal decision, and remitted the case because the tribunal gave inadequate reasons on substantial risk under regulation 31(2).

  • Employment and support allowance
  • Limited capability for work related activity
  • Error of law
  • Tribunal procedure
  • Employment-and-support-allowance
  • Limited-capability-for-work-related-activity
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Social security law [2023] NICom 5

ABMCD v Department for Communities (ESA) (Not Applicable)

ABMCD v Department for Communities (ESA) (Not Applicable) [2023] NICom 5 (21 February 2023)

Appeal allowed. The Commissioner held that ESA overpaid between 12 September 2012 and 22 January 2019 was not recoverable because the occupational pension was disregarded.

  • Employment and support allowance
  • Incapacity benefit
  • Overpayment recovery
  • Failure to disclose
  • Occupational pension
  • Benefit migration
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Social security law [2021] NICom 47

ML v Department for Communities (ESA) (Overpayment)

ML v Department for Communities (ESA) (Overpayment) [2021] NICom 47 (26 October 2021)

The Commissioner allowed the appeal, holding that the appellant’s wife’s phone call disclosed the impending pension and the ESA overpayment was not recoverable.

  • Employment and support allowance
  • Overpayment recovery
  • Duty to disclose
  • Third party disclosure
  • Administrative law
  • Social-security
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About this LexChat collection

Northern Ireland decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.