Northern Ireland - Social Security and Child Support Commissioners' Decisions

JC-v-Department for Social Development (BB) [2011] NICom 219

Decision No:  C1/08-09(BB)

THE FORFEITURE (NORTHERN IRELAND) ORDER 1982

SOCIAL SECURITY ADMINISTRATION (NORTHERN IRELAND) ACT 1992

SOCIAL SECURITY (NORTHERN IRELAND) ORDER 1998

BEREAVEMENT BENEFIT

Referral to a Social Security Commissioner

DECISION OF THE SOCIAL SECURITY COMMISSIONER

       The claimant is precluded by the rule of public policy known as the forfeiture rule (as defined in Article 3(1) of the Forfeiture (Northern Ireland) Order 1982) from receiving the whole or any part of a bereavement benefit or any other social security benefit or advantage consequent upon the death of her husband.  This preclusion also includes, for the purposes of Articles 6(1E) and 6(1F) of the Forfeiture (Northern Ireland) Order 1982, as amended, any future claim for benefit or advantage under a relevant enactment, on which an entitlement question under Article 6(1) of the Forfeiture (Northern Ireland) Order 1982, as amended, arises by reason of the same unlawful killing.

Reasons for Decision

1.         The Department has referred to the Social Security Commissioner the question whether the claimant is precluded by the forfeiture rule from receiving benefit to which her entitlement would arise consequent upon the death of her husband.  This question is governed by the Forfeiture (Northern Ireland) Order 1982, as amended.

2.         The forfeiture rule is defined in Article 3(1) of the Forfeiture (Northern Ireland) Order 1982.  It is a rule of public policy, which says that a person who has brought about the death of another cannot benefit from that death.  That rule is not an absolute one.  It is possible to modify the effect of the rule by giving relief (complete or partial) from forfeiture.  The jurisdiction to decide whether to modify the forfeiture rule in respect of a social security benefit is given to the Social Security Commissioner by Article 4 of the 1982 Order.  That is why the question has been referred by the Department to the Social Security Commissioner.

3.         However, Article 7 of the Order provides that Article 4 does not authorise a Commissioner to modify the forfeiture rule ‘in the case of a person who stands convicted of murder’.

4.         As the claimant has been convicted of the murder, there is only one decision that I can give.  It is set out above.  I must give that decision because the claimant stands convicted of murder and Article 7 prevents me from modifying the effect of the forfeiture rule.

5.         I am satisfied that for the purposes of regulation 16 of the Social Security Commissioners (Procedure) Regulations 1999, as amended, the claimant has been served with a copy of the reference and has been provided with the opportunity and sufficient time to make representations in connection with the reference.  No such representations have been received.

(signed):  K Mullan

Chief Commissioner

19 October 2011