The applicant had been entitled to and received Disability Living Allowance for a fixed period. Her entitlement was due for review, but before that, the regulations were altered, and a new condition was imposed. That condition depended upon her unconditional right of residence in the UK, and she did not at first satisfy it. She later satisfied it, but claimed entitlement for the interim period. The issue was whether the transitional provisions of the amending regulations had the effect of continuing her entitlement by leaving in force the original regulations because her entitlement was then established. The court held that the regulations preserved her rights only for as long as the original fixed period applied. Thereafter she was to make a new claim, and that claim would be under the new rules.
Judges:
Lord Bingham of Cornhill, Lord Nicholls of Birkenhead, Lord Hobhouse of Woodborough, Lord Millett, Lord Scott of Foscote
Citations:
Times 06-Jul-2001, Gazette 23-Aug-2001, [2001] 1 WLR 1453, [2001] UKHL 35, [2001] 4 All ER 41, (2001) 61 BMLR 1
Links:
Statutes:
Social Security (Persons From Abroad) Miscellaneous Amendment Regulations 1996 No 30 12(3)
Benefits
Updated: 19 May 2022; Ref: scu.83251
