CW v Department for Social Development (IS) (Income Support ) [2010] NICom 114 (17 November 2010)

CW v Department for Social Development (IS) (Income Support ) [2010] NICom 114 (17 November 2010)

The tribunal did not err in law as its jurisdiction was limited by statute to determining the correctness of the amount of income support recouped; issues regarding timeliness of recoupment notice or entitlement to other benefits are outside tribunal and Commissioner jurisdiction.

Citation
[2010] NICom 114
Parties
Claimant: CW; Respondent: Department for Social Development
Jurisdiction
Northern Ireland
Judgment Date
17 November 2010
Procedural Posture
Appeal to Social Security Commissioner on a Question of Law / Commissioner's Decision Following Tribunal Appeal
Outcome
Appeal dismissed
Legal Topics
Income Support, Recoupment of Benefits, Appeal Jurisdiction, Timeliness of Recoupment Notice
Social Security Law Employment Law Income Support Recoupment of Benefits Appeal Jurisdiction Timeliness of Recoupment Notice

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Parties

CW

Claimant

Department for Social Development

Respondent

Procedural Posture

Appeal to Social Security Commissioner on a Question of Law / Commissioner's Decision Following Tribunal Appeal

Legal Issues

  1. 1 Whether the tribunal erred in restricting grounds of appeal to the amount of benefit to be recouped
  2. 2 Whether the Department breached regulation 8(5) and (6) by failing to serve the recoupment notice within statutory time limits

Ratio Decidendi

The tribunal did not err in law as its jurisdiction was limited by statute to determining the correctness of the amount of income support recouped; issues regarding timeliness of recoupment notice or entitlement to other benefits are outside tribunal and Commissioner jurisdiction.

Court Disposition

Appeal dismissed

Orders

  • No error of law found; tribunal decision confirmed