Notification of withdrawal of section of Home Office Circular 46/2004 as a result of the case of Simpson (2012).
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The case of Simpson (2012) found that the part of Home Office Circular 46/2004 dealing with reviews of injury benefit at state pension age (SPA) was unlawful. This section of the guidance was withdrawn by Home Office Circular 007/2012. A further section of the guidance, relating to reviews at compulsory retirement age (CRA), was not explicitly withdrawn at that point.
An application for a judicial review has recently been made claiming that a further section of Circular 46/2004 in respect of CRA is also unlawful. It is clear that the judgement in the Simpson case would apply to CRA as well as SPA and the Home Office has undertaken to withdraw Annex C of Home Office Circular 46/2004. This has been publicised on the Home Office website and this letter is formal notification to you of the withdrawal of Annex C of Home Office Circular 46/2004. The Home Office is also withdrawing paragraphs 17, 18 and 19 of Guidance on Medical Appeals which refer to CRA.