Chief Adjudication Office v Creighton: CANI 15 Dec 1999

Four appeals from decisions of Social Security Commissioners each involve the same net point of construction of regulations governing entitlement to attendance allowance. The respondents are all persons the cost of whose accommodation in residential or nursing homes was discharged on a provisional basis by health boards or trusts pending the completion of assessment of their means or realisation of their capital assets. In each case it was established that the claimant was liable to pay the cost of his or her accommodation, and made a refund to the paying authority of the amounts previously paid out by it. Each claimant was entitled to receive attendance allowance, and all were paid that benefit from the time when they commenced to pay for their own accommodation. The appellant contended, relying on decisions given by Social Security Commissioners in England, that on the true construction of the governing regulations the claimants were not entitled to receive attendance allowance during the period for which the boards or trusts were paying the cost of their accommodation, notwithstanding the fact that that outlay was ultimately repaid by or on behalf of the claimants. The Social Security Commissioners in Northern Ireland upheld the claimant’s entitlement in each case, and the Chief Adjudication Officer has appealed to this court against the decisions.
[1999] NICA 13
Bailii
Northern Ireland

Updated: 03 June 2021; Ref: scu.263915