NMCA - v-Department for Social Development (SF) (Not Categorized) [2012] NICom 300 (29 August 2012)

NMCA - v-Department for Social Development (SF) (Not Categorized) [2012] NICom 300 (29 August 2012)

The applicant could not make a valid claim before the amended regulations took effect, as the claim period was determined by the expected week of confinement, and misleading information or lack of publicity did not alter the statutory entitlement.

Citation
[2012] NICom 300
Parties
Applicant: NMcA; Respondent: Department for Social Development
Jurisdiction
Northern Ireland
Judgment Date
29 August 2012
Procedural Posture
Application for Leave to Appeal and Appeal / Decision on Leave and Substantive Appeal
Outcome
leave to appeal granted; appeal disallowed
Legal Topics
Sure Start Maternity Grant, Entitlement Criteria, Transitional Provisions, Legitimate Expectation
Social Security Law Sure Start Maternity Grant Entitlement Criteria Transitional Provisions Legitimate Expectation

Case Brief

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Parties

NMcA

Applicant

Department for Social Development

Respondent

Procedural Posture

Application for Leave to Appeal and Appeal / Decision on Leave and Substantive Appeal

Legal Issues

  1. 1 Whether the applicant was entitled to a sure start maternity grant under amended regulations
  2. 2 Whether misleading information or lack of publicity affected entitlement
  3. 3 Whether the actual date of birth affects the claim period

Ratio Decidendi

The applicant could not make a valid claim before the amended regulations took effect, as the claim period was determined by the expected week of confinement, and misleading information or lack of publicity did not alter the statutory entitlement.

Court Disposition

leave to appeal granted; appeal disallowed