Recent reported decisions of the Northern Ireland Commissioners

Decisions reported in 2009

The following decisions have now been reported and will be included in the 2009 Bound Volume of Commissioners’ and Upper Tribunal decisions to be published in April 2010.

Zalewska v Department for Social Development
Habitual residence – right to reside – A8 nationals – whether amendments to NI regulation 21(3E) (= GB regulation 21(3G)) Income Support (General) Regulations within derogations permitted by the Annex to the Act of Accession 2003

The Commissioner’s decision C6/05-06 (IS), the decision of the Court of Appeal in N Ireland [2007] NICA 17 and the House of Lords decision [2008] UKHL 67, 12.11.08 have been reported as R1/09 (IS)

C7/8/09(IS)
Recovery of overpayment – need to consider actual capital before notional capital – tribunal entitled to take into account factors at a later date which are relevant to earlier decision under appeal (CJSA/2375/2000 followed)

Reported as R2/09(IS)

Page last updated 05 February 2010