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I grant leave to appeal and proceed to determine all questions arising thereon as though they arose on appeal.
The decision of the appeal tribunal dated 10 February 2017 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.
I am able to exercise the power conferred on me by Article 15(8)(a)(ii) of the Social Security (Northern Ireland) Order 1998 to give the decision which I consider the appeal tribunal should have given as I can do so having made further findings of fact. The fresh findings in fact are outlined below.
There has been an overpayment of Income Support (IS) for the period from 18 March 2010 to 30 September 2010.
The IS which was overpaid to the appellant for the period from 18 March 2010 to 12 May 2010 is not recoverable from the appellant.
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