CC v Department for Communities (ESA)

����������������������������������������������������������������������������������������������������������������� Decision No: C5/24-25(ESA)

             This is a claimant's application for leave to appeal from the decision of an appeal tribunal with reference BB/1880/23/51/P.

             For the reasons I give below, I grant leave to appeal. However, I disallow the appeal.

             The appellant submitted that the tribunal has erred in law on the basis that her claim was maladministered by the Department and submitted that she had a legitimate expectation that the Department would pay the correct amount of benefit on the basis of the information given to it.

             The Department was invited to make observations on the appellant's grounds. Mr McCrumlish of Decision Making Services (DMS) responded on behalf of the Department. While expressing sympathy for the appellant's situation, he submitted that the tribunal had not erred in law and indicated that the Department did not support the application.