Decision Summary Information

Neutral Citation Number:	2015 UKUT 618 AAC
Reported Number:
File Number:	CE 3634 2014
Appellant:	EC
Respondent:	Secretary of State for Work and Pensions (ESA)
Judge/Commissioner:	Judge C G Ward
Date Of Decision:	06/11/2015
Date Added:	24/11/2015
Main Category:	Tribunal procedure and practice (including UT)
Main Subcategory:	tribunal practice
Secondary Category:	Employment and support allowance
Secondary Subcategory:	Post 28.3.11. WCA activity 2: standing and sitting
Notes:	The principles of Dorset Healthcare [2009] UKUT 4 (AAC) should be applied to decisions of a tribunal of commissioners in Northern Ireland in the same way as to a 3 judge panel However, there was compelling reason to depart from the decision of the Tribunal of Commissioners in MM v DSD (ESA) [2014] NICOM 48. Between 28/03/2011 and 27/01/2013 a person who can remain at a workstation by a combination of sitting and standing does not get the points. The amending regulation in 2011 is not invalidated by procedural defect. Howker v SSWP [2002] EWCA Civ 1623 distinguished
Decision(s) to Download:	CE 3634 2014-00.doc