CA - v - Department for Social Development (IS) (Not Categorized) [2011] NICom 311 (29 August 2012)

CA - v - Department for Social Development (IS) (Not Categorized) [2011] NICom 311 (29 August 2012)

The appellant is not entitled to income support because he does not fall within any prescribed category of person eligible for such benefit as required by the relevant legislation, regardless of his detention status under Articles 44 and 47 of the Mental Health (Northern Ireland) Order 1986.

Citation
[2011] NICom 311
Parties
Appellant: CA; Respondent: Department for Social Development
Jurisdiction
Northern Ireland
Judgment Date
29 August 2012
Procedural Posture
Appeal From Tribunal Decision on Income Support Entitlement / Decision of Social Security Commissioner on Appeal
Outcome
appeal disallowed
Legal Topics
Income Support Eligibility, Hospital Orders, Restriction Orders, Prescribed Categories for Benefits
Social Security Law Mental Health Law Income Support Eligibility Hospital Orders Restriction Orders Prescribed Categories for Benefits

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Parties

CA

Appellant

Department for Social Development

Respondent

Procedural Posture

Appeal From Tribunal Decision on Income Support Entitlement / Decision of Social Security Commissioner on Appeal

Legal Issues

  1. 1 Whether the appellant detained under Articles 44 and 47 of the Mental Health (Northern Ireland) Order 1986 is entitled to income support
  2. 2 Whether the tribunal erred in law by finding nil entitlement based on detention status

Ratio Decidendi

The appellant is not entitled to income support because he does not fall within any prescribed category of person eligible for such benefit as required by the relevant legislation, regardless of his detention status under Articles 44 and 47 of the Mental Health (Northern Ireland) Order 1986.

Court Disposition

appeal disallowed