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