Pridding v Secretary of State for Work and Pensions: CA 4 Mar 2002

The claimant received Invalid Care Allowance. His mother, the person he cared for was admitted to hospital, and stayed in hospital for more than three months. Her attendance allowance was stopped, but he continued his claim. The Department reclaimed the allowance for the times when his mother’s Attendance or Disability Living Allowance was suspended because of her stay in hospital.
Held: The Individual Care Allowance continued only for so long as did the Attendance Allowance or Disability Living Allowance. The allowance could not be payable without one of the others being payable. Section 70(2) contained an exclusive definition of a severely disabled persons for these purposes.

Judges:

Lord Justice Ward, Lord Justice Laws and Lord Justice Keene

Citations:

Times 03-Apr-2002, Gazette 11-Apr-2002, [2002] EWCA Civ 306

Links:

Bailii

Statutes:

Social Security Contributions and Benefits Act 1992 70(2), Social Security (Severe Disablement Allowance and Invalid Care Allowance) Amendment Regulations 1994 (SI 1994 No 2556) 2(3), Social Security (Invalid Care Allowance) Regulations 1976 (SI 1976 No 409) 4(2)

Jurisdiction:

England and Wales

Benefits

Updated: 05 June 2022; Ref: scu.168118