MOC (by MG) v SSWP (DLA) [2020] UKUT 134 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Ward on 21 April 2020.

From:
HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
Published
15 May 2020
Categories:
DLA, AA, MA: general, Human rights law
Sub-categories:
DLA, AA, MA: general - other, Human rights law - article 14 (non-discrimination)
Judges:
Ward, C
Decision date:
21 April 2020

Read the full decision in CDLA/1920/2018

Judicial Summary

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 distinguished.

Published 15 May 2020