Miah v The Secretary of State for Social Security: CA 3 May 2002

The claimant appealed a discontinuance of his Disability Living Allowance. He had been re-assessed after a request for a review of his allowance on being diagnosed as a diabetic. On re-assessment, the doctor used assessment standards based upon diabetics with visual impairment, but the original allowance had been for his lack of mobility. Having failed the visual impairment test, his Allowance was stopped.
Held: The request for a review did trigger the risk of a full re-assessment. However the form had not been completed with his mobility in mind. It was not possible for the tribunal properly to make assumptions about the claimant’s condition. There was no evidence to say that he did not need the help he had always needed. The Commissioner had assumed he could answer a question which the doctor was not asked. Appeal allowed.

Judges:

Lord Justice Sedley

Citations:

[2002] EWCA Civ 592

Links:

Bailii

Statutes:

Social Security Contributions & Benefits Act 1992 73(1), Social Security Administration Act 1992 30(2)

Jurisdiction:

England and Wales

Benefits

Updated: 04 July 2022; Ref: scu.170273