NLO'N v Department for Social Development (IB) (Incapacity Benefit ) [2010] NICom 68 (6 July 2010)

NLO'N v Department for Social Development (IB) (Incapacity Benefit ) [2010] NICom 68 (6 July 2010)

The correct interpretation of the prescribed time for claiming incapacity benefit under Schedule 4 is that the claimant is entitled to the day in respect of which the claim is made and a full three months immediately following that day. The appeal tribunal erred in law by failing to apply this interpretation, and...

Source-derived case information.

Citation
[2010] NICom 68
Parties
Appellant: NLO'N; Respondent: Department for Social Development
Jurisdiction
Northern Ireland
Judgment Date
06 July 2010
Procedural Posture
Social Security Appeal / Application for Leave to Appeal and Substantive Appeal Before Social Security Commissioner
Outcome
Appeal allowed in part; tribunal decision set aside; revised decision substituted
Legal Topics
Incapacity Benefit, Time Limits for Claims, Backdating of Claims, Error of Law, Tribunal Procedure
Social Security Law Incapacity Benefit Time Limits for Claims Backdating of Claims Error of Law Tribunal Procedure

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Summary, issues, holding and outcome

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Parties

NLO'N

Appellant

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 appeal tribunal erred in law in its interpretation of the prescribed time for claiming incapacity benefit under Schedule 4 of the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987
  2. 2 Whether the appellant was entitled to incapacity benefit for the period 22 January 2007 to 26 March 2007

Ratio Decidendi

The correct interpretation of the prescribed time for claiming incapacity benefit under Schedule 4 is that the claimant is entitled to the day in respect of which the claim is made and a full three months immediately following that day. The appeal tribunal erred in law by failing to apply this interpretation, and its decision was set aside.

Court Disposition

Appeal allowed in part; tribunal decision set aside; revised decision substituted

Orders

  • The decision of the appeal tribunal dated 30 July 2008 is set aside as being in error of law.
  • The appellant is not entitled to incapacity benefit from 22 January 2007 to 25 March 2007 (both dates included).