KH (by CH) v Secretary of State for Work and Pensions (DLA)
| Jurisdiction | UK Non-devolved |
| Judge | Judge Wikeley |
| Neutral Citation | 2022 UKUT 303 (AAC) |
| Subject Matter | DLA,AA: personal care - attention: children under 16,AA: personal care - attention: night,Tribunal procedure,practice - fair hearing,Wikeley,N |
| Court | Upper Tribunal (Administrative Appeals Chamber) |
| Published date | 13 December 2022 |
K.H. (by C.H.) -v- SSWP (DLA)
[2022] UKUT 303 (AAC)
1
IN THE UPPER TRIBUNAL Appeal No. UA-2021-000448-DLA
ADMINISTRATIVE APPEALS CHAMBER
On appeal from the First-tier Tribunal (Social Entitlement Chamber)
Between: K.H. Appellant
by
C.H. Appointee
- v –
Secretary of State for Work and Pensions Respondent
Before: Upper Tribunal Judge Wikeley
Decision date: 15 November 2022
Decided on consideration of the papers
Representation:
Appellant: Her father (and Appointee)
Respondent: Mr Daniel Decker, DMA, Department for Work and Pensions
DECISION
The decision of the Upper Tribunal is to allow the appeal. The decision of the First-
tier Tribunal made on 26 February 2021 under number SC236/19/00932 was made in
error of law. Under section 12(2)(a) and (b)(ii) of the Tribunals, Courts and Enforcement
Act 2007, I set that decision aside and re-make the decision originally under appeal as
follows:
The Appellant’s appeal (SC236/19/00932) to the First-tier Tribunal is
allowed. The Respondent’s decision of 18 April 2019 is revised.
The Appellant is entitled to the middle rate of the DLA care component for
the period from 23 April 2019 to 22 April 2021 as she meets the night- time
attention condition. The Appellant is not entitled to either rate of the DLA
mobility component for the period from 23 April 2019.
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