Northern Ireland - Social Security and Child Support Commissioners' Decisions

[1997] NISSCSC A5/97(IS) (12 June 1997)

 


Application No: A5/97(IS)

SOCIAL SECURITY ADMINISTRATION (NORTHERN IRELAND) ACT 1992 SOCIAL SECURITY CONTRIBUTIONS AND BENEFITS (NORTHERN IRELAND) ACT 1992 SOCIAL SECURITY (CONSEQUENTIAL PROVISIONS) (NORTHERN IRELAND) ACT 1992 INCOME SUPPORT Application by the above-named claimant for leave to appeal to the Social Security Commissioner on a question of law from the decision of the Belfast Social Security Appeal Tribunal dated 1 October 1996 DETERMINATION OF THE SOCIAL SECURITY COMMISSIONER
1. This is an application by the claimant for leave to appeal against the decision of a Social Security Appeal Tribunal. It relates to deductions which may be made from his social security benefit in respect of mortgage interest.
2. Claimant seeks leave to appeal. He alleges that the Tribunal was wrong in law in ignoring all facts made available to them which confirmed that the DSS action created the arrears, as well as disregarding the fact that the DSS are as much the borrower as the claimant.
3. The Tribunal went into the matter very thoroughly. I am satisfied that there is no error of law in the findings of the Tribunal, in the reasons for its decision or the decision itself. Consequently leave to appeal is refused as it was refused by the Chairman of the Tribunal.
4. However, it would appear that the claimant certainly has had a very rough passage in connection with his mortgage interest. In fact, a claim was heard on appeal by the Chief Social Security Commissioner in September 1995. In his decision the Chief Commissioner expressed the view that claimant had been less than fairly treated by both the Department and his Building Society and concluded by saying:-

"The claimant states that he is not in any position to pay off

the accumulated amount and it does seem to me that this a case

in which the Department might consider it appropriate to make

some form of ex gratia payment."

I have no information as to whether or not the Department acted upon that recommendation of the Chief Commissioner, but having read the file I certainly would reinforce that recommendation. I feel that because of the way this man was treated, that the Department should consider it appropriate to make an ex gratia payment in respect of the accumulated amount of arrears. The claimant, and the situation he now finds himself in, should be considered sympathetically.

(Signed): C C G McNally

COMMISSIONER

12 June 1997