KH (by CH) v Secretary of State for Work and Pensions (DLA): 2022 UKUT 303 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Wikeley on 15 November 2022.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 13 December 2022

• Categories: DLA, AA: personal care, Tribunal procedure and practice
• Sub-categories: DLA, AA: personal care - attention: children under 16, DLA, AA: personal care - attention: night, Tribunal procedure and practice - fair hearing
• Judges: Wikeley, N
• Decision date: 15 November 2022

Read the full decision in UA-2021-000448-DLA.

Judicial Summary

Child’s renewal claim for disability living allowance (DLA) - Night-time needs for dealing with effects of incontinence - Fair hearing - Whether tribunal had put to the child’s father in course of telephone hearing ways in which need for night-time attention may have been reduced - Circumstances in which matters should be put to a party - CC v Secretary of State for Work and Pensions (ESA) [2019] UKUT 14 (AAC) considered - Length of award.

Published 13 December 2022