DB (as executor of the estate of OE) v Secretary of State for Work and Pensions and Birmingham City Council (SPC): [2018] UKUT 46 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Mitchell on 4 February 2018.

Read the full decision in CPC/3256/2015.

Judicial Summary

Continued entitlement to the additional amount for severe disability, within state pension credit, for a resident of a publicly-funded care home is determined by reference to the date on which a person ceased to be in receipt of Attendance Allowance which may not always be the date falling 28 days after the claimant became resident in the care home. Guidance also given about exercise of the DWP’s power to make someone an appointee for social security benefits where someone else holds a lasting of enduring power of attorney that extends to welfare benefits matters.

Published 22 February 2018