EMCG v Department for Social Development (IS) (Overpayment)

1.���� The decision of the appeal tribunal dated 16 October 2013 is in error of law. �The error of law will be explained in greater detail below.

5.���� In his initial written observations on the application for leave to appeal, Mr Smith set out the following background to the decision under appeal to the appeal tribunal:

�(The appellant) received Income Support from 28.09.07 as she satisfied the conditions of entitlement as a Carer. �She was also in receipt of Carer�s Allowance.

On 07.10.10 (the appellant) telephoned the Benefit Investigation Officer with regards to an interview she was due to attend on 13.10.10 in connection with periods of work she had undertaken. �During the conversation (the appellant) informed the Investigations Officer that she had sent a letter in March (2010) to advise the Benefits office that she had commenced work. �The letter was sent by her father, who is a civil servant, through the Department�s own internal courier postal service. �The Investigating Officer advised (the appellant) that she would need to end her entitlement to benefit.

The Benefit Investigations Officer notified Lurgan JBO that (the appellant) had started work and payment of her Income Support was suspended on 08.10.10. �A letter from (the appellant) was received in the JBO on 11.10.10 asking that her award of Income Support be closed as she had commenced work and that Carer�s Allowance (CA) was no longer in payment either. �The letter also advised that this was the second time she had written to the office regarding this matter.