Northern Ireland - Social Security and Child Support Commissioners' Decisions

[1993] NISSCSC C4/93(SUPP BEN) (23 November 1992)

 


Decision No: C4/93(SUPP BEN)

SOCIAL SECURITY ADMINISTRATION (NORTHERN IRELAND) ACT 1992

SOCIAL SECURITY CONTRIBUTIONS AND BENEFITS

(NORTHERN IRELAND) ACT 1992

SOCIAL SECURITY (CONSEQUENTIAL PROVISIONS)

(NORTHERN IRELAND) ACT 1992

SUPPLEMENTARY BENEFIT

Appeal to the Social Security Commissioner

on a question of law from the decision of the

Belfast Social Security Appeal Tribunal

dated 23 November 1992

DECISION OF THE SOCIAL SECURITY COMMISSIONER

1. This is an appeal brought by the Adjudication Officer with leave of the Chairman against the decision of a Social Security Appeal Tribunal relating to claimant's entitlement to additional requirements in respect of supplementary benefit.
2. The Adjudication Officer appeals on one narrow point and her grounds of appeal are:-

"The tribunal erred in law in treating single payments made

23 January 1988 and April 1985 as paid on account of

additional requirements. There is no provision in the

legislation to do so. Article 16 of the 1977 Order as

amended by the 1980 Order and Article 28 of the 86 Order

is the NI legislation to be considered (current legislation

is Section 72 of the Social Security Administration Act

(NI) 1992)."

3. There is no dispute as to claimant's entitlement to all the allowances embodied in the decision of the Appeal Tribunal. What is in dispute is whether or not the single payments of 23 January 1988 and April 1985 should be treated as payment on account and could be off-set against the additional requirements award.
4. I arranged an oral hearing at which claimant was represented by Ms J Loughrey of the Community Resource Centre and the Adjudication Officer was represented by Mrs McRory. Mrs McRory conceded that the Tribunal erred only in attempting to off-set the single payment and her argument is the same as in previous cases of a similar nature and was summarised in a written submission as:-

"Section 72(2) allows a "prescribed" payment to be abated by an

amount of benefit already paid. "Prescribe" is defined in

Section 167 as meaning "prescribe by Regulations" (Articles

28(2) and 2(2) 1986 Order and Articles 16(1) and 2(2) 1977

Order). The relevant regulation is Regulation 8 of the

Social Security (Payments on account, Overpayments and

Recovery) Regulations (NI) 1988) (Reg 9 1987 POR Regs and

Reg 3 Supp Ben (Duplication and Overpayment) Regulations

(Northern Ireland) 1980). This regulation does not prescribe

"Supplementary Benefit" as a prescribed payment and I therefore

submit that Section 72(2) does not provide for offsetting a single

payment of supplementary benefit against an award of an

additional requirement.

The only other possibility for offsetting is under Regulation

5 of the 1988 POR Regulations. However, the offset must relate

to "any sum paid in respect of a period". A single payment is

not made in respect of a "period" but is a "one-off" payment

for a particular item. Accordingly, this regulation also

appears to prevent offset in the circumstances of this case."

5. I accept that that is a true statement of the law. I therefore allow the appeal and set aside the decision of the Social Security Appeal Tribunal only insofar as it attempted to treat the single payments as paid on account of supplementary benefit. I am satisfied that all the award relating to additional requirements is a proper one and is not disputed. Consequently I exercise the power vested in me to give the decision which the Tribunal should have given, namely I adopt the decision of the Tribunal apart from the matter of the single payments which are not to be treated as having been paid on account. In all other respects I confirm the decision of the Social Security Appeal Tribunal.

(Signed): C C G McNally

COMMISSIONER