The rules in regs 8 and 12A of the Social Security (Disability Living Allowance) Regulations 1991 restricting payability where an adult has been an inpatient in an NHS hospital for more than 28 days did not breech art.14 ECHR in the case of a patient with severe learning disabilities. Mathieson v SSWP [2015] UKSC 47 … Continue reading MOC (By MG) v SSWP (DLA): UTAA 21 Apr 2020
Disability Living Allowance – Severe Behavioural Problems – section 73(3) Social Security Contributions and Benefits Act 1992 and regulation 12(6) of Social Security (Disability Living Allowance) Regulations 1991 – meaning of ‘extreme’; meaning of ‘regularly’, guidance on proper approach to regulation 12(6). Citations: [2020] UKUT 342 (AAC) Links: Bailii Jurisdiction: England and Wales Benefits Updated: … Continue reading XTC v Secretary of State for Work and Pensions (DLA): UTAA 3 Dec 2020
The court was asked whether the respondent, resident in a specialised care home, was ‘maintained free of charge while undergoing medical or other treatment as an in-patient . . in a hospital or similar institution under the National Health Service Act 2006’, within the meaning of reg. 12A of the Social Security (Disability Living Allowance) … Continue reading Secretary of State for Work and Pensions v Slavin: CA 9 Dec 2011
The claimant a boy of three in receipt of disability living allowance (‘DLA’) challenged (through his parents) the withdrawal of that benefit whilst he was in hospital for a period of more than 12 weeks. He had since died. Held: The appeal succeeded. The Regulations infringed the claimant’s rights because the evidence was that in … Continue reading Mathieson v Secretary of State for Work and Pensions: SC 8 Jul 2015
Disability Living Allowance [2016] UKUT 149 (AAC), [2016] AACR 38 Bailii Social Security (Disability Living Allowance) Regulations 1991 England and Wales Benefits, Human Rights, European Updated: 15 January 2022; Ref: scu.563355
The Court was asked whether the United Kingdom is precluded, by Council Regulation (EC) No 1408/71 on the application of social security schemes to employed persons, self-employed persons and members of their families moving within the Community, from imposing a requirement of residence in Great Britain as a condition of entitlement to Disability Living Allowance … Continue reading Secretary of State for Work and Pensions v Tolley: SC 29 Jul 2015
(1) The claimant was entitled to, and entitled to be paid, the higher rate of the mobility component of Disability Living Allowance from 03 November 2009. (2) The claimant was entitled from 03 November 2009 to the highest rate of the care component of Disability Living Allowance, but was not from 03 November 2009 entitled … Continue reading Secretary of State for Work and Pensions v TR (DLA): UTAA 5 Dec 2013
The child suffered serious conditions requiring care from his parents. He received Disability Living Allowance, but this was withdrawn when he had a lengthy stay in hospital. He had since died. The parents had given considerable assistance in the care of AM whilst in hospital, and they said that in practice, the cost of providing … Continue reading AM (By His Father CM) v The Secretary of State for Work and Pensions: CA 5 Feb 2014
Human rights law – article 8 (private and family life) – disability living allowance Ward UTJ [2013] UKUT 27 (AAC) Bailii Social Security (Disability Living Allowance) Regulations 1991, European Convention on Human Rights 8 Cited by: Appeal from – AM (By His Father CM) v The Secretary of State for Work and Pensions CA 5-Feb-2014 … Continue reading AM (By Appointee Mr CM) v Secretary of State for Work and Pensions: UTAA 15 Jan 2013