Northern Ireland - Social Security and Child Support Commissioners' Decisions

                                                                                Appeal No: 4/82 RP

                                                                                    Registered Paper No: 18710/1982

 

 

 

S O C I A L   S E C U R I T Y   A C T S

 

Decision of the Commissioner

 

1.          The questions for consideration in this case are:-

 

1.     Whether retirement pension is payable from 13 March 1980 to *26 November 1980 (both dates included) because the claim was made on *27 November 1981 and the law prohibits the payment of retirement pension in respect of any period more than 12 months before the date on which the claim is made.

 

2.     Whether retirement pension is  payable to the claimant for any period before *27 August 1981 and in particular whether she has proved that there was good cause for the delay in giving notice of retirement for any period before that date.

 

*These dates should read 24 November 1980, 25 November 1981 and 25 August 1981 respectively.  Please see paragraph 14 of the Insurance Officer’s submission for an explanation.

 

(Section 27(1) and (4) of the Social Security (Northern Ireland) Act 1975.  Schedule 2 of the Social Security (Claims and Payments) Regulations (Northern Ireland) 1977).

 

2.               I heard this appeal at Belfast on 29^th November 1982.  The claimant, who was not present owing to illness, was represented by her husband and the Insurance Officer concerned was represented by Miss P Lyons.

 

3.               The claimant attained pensionable age on 13^th March 1980.  On 21^st November 1979 a retirement pension claim form was sent to the claimant at the address then contained in the Department’s records.  This was returned by the Post Office as she no longer lived at that address.  When the claimant’s husband was approaching pensionable age retirement pension claim forms were sent to him for both himself and his wife on 6^th November 1981.  On 30^th November 1981 a retirement pension claim form was received from the claimant who stated that she wished to be treated as retired from 13^th March 1980.  The claimant contended in a reply to a letter from the Department of Health and Social Services that there was no delay on her part in claiming retirement pension as she completed and returned the claim form as soon as she received it.  On 6^th January 1982 the Insurance Officer decided that retirement pension could not be paid to the claimant from 13^th March 1980 to 28^th August 1981 (this date should have been 24^th August 1981).  The claimant then appealed to the Local Tribunal who dismissed her appeal and she has now, with leave, appealed to me.

 

Appeal No: 4/82 RP

 

4.               Mr Bell told me that his wife may have been aware earlier that she was entitled to a pension in her own right but, as she had not worked for 15 or 20 years before she attained 60, the matter had left her mind.  Both he and his wife had inquired about the situation from friends, but not from anyone in an official position, and had been confirmed in the view that she was not entitled to a pension until he reached pensionable age.  He said that after they had received the forms they were promptly returned.

 

5.               Paragraph 4(3) of Schedule 2 of the Social Security (Claims and Payments) Regulations (Northern Ireland) 1977 provides:-

 

“For the purposes of Section 27(4) the prescribed time” (that is the period for which payment of retirement pension can be made) “Shall be the period of three months; but that period shall be extended to the commencement of any continuous period immediately preceding the said period of three months throughout which the person giving the notice proves that there was good cause for the delay in giving such notice, so however that the prescribed period shall in no case exceed twelve months.”

 

6.               It is quite clear, therefore, that retirement pension cannot be paid in respect of any period more than twelve months before the date on which notice of retirement was given.  This means that no payment of retirement pension can be made to the claimant in respect of the period up to 24^th November 1980 (The Insurance Officer having accepted the date of notice of retirement as 25^th November 1981) whether a payment can be made in respect of the period 25^th November 1980 to 25^th August 1981 depends on whether the claimant has shown “good cause” for her delay in claiming.

 

7.               The claimant’s case seems to be, in essence, that she did not receive literature sent to her by the Department before she attained 60 because she had changed her address and she considers that this constitutes “good cause.”  Over the years there have been a considerable number of Commissioners decisions on the meaning of the words “good cause” both in Great Britain and in Northern Ireland.  In a recent decision by a Northern Ireland Commissioner No. 2/82 (RP) the facts were very similar to the present case and he held that the claimant had not established “good cause” for the delay in claiming.  It has been established, not merely by that decision, but by many decisions before it that the Department is under no legal duty to invite a claimant to make an application for retirement pension.  It is up to the claimant himself or herself to make the necessary application and, if in doubt to make enquiries from an official source and obtain the literature which is available.  In this case Mr Bell told me that he had made enquiries but unfortunately he made them from friends and not from anyone in an official position; this shows that they did have doubts about the position, but unfortunately sought advice from the wrong quarter.  It has been consistently held by Commissioners that being misled by inexpert advice does not constitute “good cause” for delay in claiming.  I therefore, consider that the decision of the Local Tribunal was correct.

8.               I, therefore, find that retirement pension is not payable to the claimant for the period 13^th March 1980 to 24^th August 1981.

 

9.               I dismiss this appeal.

 

(Signed)          B McConnell

                        Commissioner

 

(Date)              7^th January 1983