Useful decision at least for the period in question.

Hello,

I just received a copy of a Northern Ireland Decision: C10/13-14(ESA)(T)

The Conclusions at the end states:

“58.  In seeking to interpret and apply the relevant descriptors to the facts of this case we have considered the relevant legislative history, the explanatory material placed before Parliament and conducted our own linguistic analysis of the relevant provisions.  We conclude that the plain meaning of descriptors 2(b) and 2(c) from 28th March 2011 to 27 January 2013 is that a person who can neither remain standing at a workstation for the prescribed time nor remain sitting at the workstation for the prescribed time scores the prescribed number of points.  We cannot support an interpretation of these descriptors which adds the further condition that the person cannot remain at a work station by combining or alternating standing and sitting for the prescribed period. 

59.  It follows that the tribunal has erred in law by basing its decision on the conclusion that the appellant, because he could remain at a workstation by alternating standing and sitting for at least an hour, was not entitled to any points for the activity “standing or sitting”.”

Sorry, unable to scan the full decision as no scanning tackle.

Thank you.

Patrick.