The Permanent Secretary, Ministry of Social Development and Family Services and another (Respondents) v Ruth Peters (Appellant) (Trinidad and Tobago)

The Permanent Secretary, Ministry of Social Development and Family Services and another (Respondents) v Ruth Peters (Appellant) (Trinidad and Tobago)

Section 11A(1)(d) of the Public Assistance Act, as amended, continues to require permanent disablement for eligibility for disability assistance benefit. The Forms Regulations are not ultra vires and remain valid. The statutory scheme distinguishes between permanent and temporary disablement, with disability assistance benefit intended for the former and public assistance benefit for the latter.

Parties
Appellant: Ruth Peters; Respondents: Permanent Secretary, Ministry of Social Development and Family Services and another
Jurisdiction
United Kingdom
Judgment Date
27 June 2023
Procedural Posture
Judicial Review / Appeal From Court of Appeal (trinidad & Tobago) to Privy Council
Outcome
Appeal dismissed
Legal Topics
Ultra Vires, Statutory Interpretation, Disability Benefits, Regulations and Subordinate Legislation
Administrative Law Social Security Law Ultra Vires Statutory Interpretation Disability Benefits Regulations and Subordinate Legislation

Case Brief

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Parties

Ruth Peters

Appellant

Permanent Secretary, Ministry of Social Development and Family Services and another

Respondents

Procedural Posture

Judicial Review / Appeal From Court of Appeal (trinidad & Tobago) to Privy Council

Legal Issues

  1. 1 Whether section 11A(1)(d) of the Public Assistance Act requires permanent disablement for eligibility for disability assistance benefit
  2. 2 Whether the Forms Regulations are ultra vires to the extent they require permanent disablement
  3. 3 Whether the Forms Regulations were validly made under the rule-making power

Ratio Decidendi

Section 11A(1)(d) of the Public Assistance Act, as amended, continues to require permanent disablement for eligibility for disability assistance benefit. The Forms Regulations are not ultra vires and remain valid. The statutory scheme distinguishes between permanent and temporary disablement, with disability assistance benefit intended for the former and public assistance benefit for the latter.

Court Disposition

Appeal dismissed