CS - v - Department for Social Development (SF) (Not Applicable) [2012] NICom 329 (26 September 2012)

CS - v - Department for Social Development (SF) (Not Applicable) [2012] NICom 329 (26 September 2012)

The tribunal erred in law by failing to consider whether the claimant, as a close relative, was precluded from entitlement under regulation 8(6) and (7). On the evidence, the claimant had a closer relationship with the deceased than the other close relative (SB), and thus was not precluded from entitlement. The...

Source-derived case information.

Citation
[2012] NICom 329
Parties
Claimant: CS; Respondent: Department for Social Development
Jurisdiction
Northern Ireland
Judgment Date
26 September 2012
Procedural Posture
Social Security Appeal / Application for Leave to Appeal and Substantive Appeal Before Social Security Commissioner
Outcome
Department's appeal allowed; claimant entitled to social fund funeral payment; tribunal's decision substituted.
Legal Topics
Funeral Expenses Payment, Social Fund, Entitlement Criteria, Close Relatives, Immediate Family Member, Tribunal Error, Regulation Interpretation
Social Security Law Funeral Expenses Payment Social Fund Entitlement Criteria Close Relatives Immediate Family Member Tribunal Error Regulation Interpretation

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Summary, issues, holding and outcome

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Parties

CS

Claimant

Department for Social Development

Respondent

Procedural Posture

Social Security Appeal / Application for Leave to Appeal and Substantive Appeal Before Social Security Commissioner

Legal Issues

  1. 1 Whether the claimant is entitled to a social fund funeral payment under the Social Fund Regulations (NI) 2005
  2. 2 Whether the tribunal erred in law by failing to consider the application of regulation 8(6) and (7) regarding close relatives

Ratio Decidendi

The tribunal erred in law by failing to consider whether the claimant, as a close relative, was precluded from entitlement under regulation 8(6) and (7). On the evidence, the claimant had a closer relationship with the deceased than the other close relative (SB), and thus was not precluded from entitlement. The claimant satisfies all conditions for a social fund funeral payment.

Court Disposition

Department's appeal allowed; claimant entitled to social fund funeral payment; tribunal's decision substituted.

Orders

  • Leave to appeal granted.
  • Department's appeal allowed.