Wednesday, November 8, 2017

Retiree, 67, wins pension claim in court


san fernando

A 67-year-old man who took the Minister of Social Development and Family Services to court after he was

denied his pension has won his claim for judicial review.
The ministry will have to make retroactive payments to Dydyan Sahadeo.
The ministry had rejected Sahadeo's pension application on the ground that he “worked” a taxi and was earning an income.
However, Sahadeo said he used his vehicle for private and family purposes, including taking villagers and relatives to the temple. He said he did not earn an income from such acts.
He said he was being penalised because instead of sitting idly at home, he was an active, elderly citizen who used his vehicle to assist his family.
In the San Fernando High Court, Justice Robin Mohammed granted Saha­deo leave on September 26, 2016, to pursue the matter against the minister for a declaration that his appeal must be heard and a decision rendered within a reasonable time.
In court documents, Sahadeo said he had applied for his pension since February 2014, but was denied the money because a social welfare officer visited his home and claimed he was working as a taxi-driver.
Sahadeo, whose vehicle was registered as a hired vehicle, denied the claim. He said he drove the vehicle for his personal and private use.
He changed the registration plate from “hire” to “private” and reapplied for his pension in April 2015. He was again denied.
Sahadeo, who was represented by Senior Counsel Anand Ramlogan, had filed a claim for judicial review because the Central Public Assistance Board had rejected his application.
He claimed he was a victim of unfair treatment as officials from the Chaguanas Social Welfare Office and the Caroni Local Public Assistance Board acted irrationally in rejecting his application for a pension.
Sahadeo filed a freedom of information application for the reasons for the rejection of his pension application. This information revealed a welfare officer said he was earning an income in excess of $5,000.
Sahadeo challenged this in his claim for judicial review.
The matter was heard on Monday before Mohammed in the San Fernando High Court.
The attorneys for the mi­nister said the Central Pub­lic Assistance Board met last month and reversed the decision of the local board.
Sahadeo has been gran­­­ted his pension, with payments effective from Novem­ber 2015.
Attorneys Kavita Sarran and Alvia Motoo appeared alongside Ramlogan.
The minister was repre­sented by attorneys Roshan Ramcharitar and Bryan Bas­deo from the Office of the Attorney General.


san fernando

A 67-year-old man who took the Minister of Social Development and Family Services to court after he was

denied his pension has won his claim for judicial review.
The ministry will have to make retroactive payments to Dydyan Sahadeo.
The ministry had rejected Sahadeo’s pension application on the ground that he “worked” a taxi and was earning an income.
However, Sahadeo said he used his vehicle for private and family purposes, including taking villagers and relatives to the temple. He said he did not earn an income from such acts.
He said he was being penalised because instead of sitting idly at home, he was an active, elderly citizen who used his vehicle to assist his family.
In the San Fernando High Court, Justice Robin Mohammed granted Saha­deo leave on September 26, 2016, to pursue the matter against the minister for a declaration that his appeal must be heard and a decision rendered within a reasonable time.
In court documents, Sahadeo said he had applied for his pension since February 2014, but was denied the money because a social welfare officer visited his home and claimed he was working as a taxi-driver.
Sahadeo, whose vehicle was registered as a hired vehicle, denied the claim. He said he drove the vehicle for his personal and private use.
He changed the registration plate from “hire” to “private” and reapplied for his pension in April 2015. He was again denied.
Sahadeo, who was represented by Senior Counsel Anand Ramlogan, had filed a claim for judicial review because the Central Public Assistance Board had rejected his application.
He claimed he was a victim of unfair treatment as officials from the Chaguanas Social Welfare Office and the Caroni Local Public Assistance Board acted irrationally in rejecting his application for a pension.
Sahadeo filed a freedom of information application for the reasons for the rejection of his pension application. This information revealed a welfare officer said he was earning an income in excess of $5,000.
Sahadeo challenged this in his claim for judicial review.
The matter was heard on Monday before Mohammed in the San Fernando High Court.
The attorneys for the mi­nister said the Central Pub­lic Assistance Board met last month and reversed the decision of the local board.
Sahadeo has been gran­­­ted his pension, with payments effective from Novem­ber 2015.
Attorneys Kavita Sarran and Alvia Motoo appeared alongside Ramlogan.
The minister was repre­sented by attorneys Roshan Ramcharitar and Bryan Bas­deo from the Office of the Attorney General.