MOC (by MG) v SSWP (DLA) [2020] UKUT 134 (AAC)
| Jurisdiction | UK Non-devolved |
| Judge | Judge Ward |
| Neutral Citation | [2020] UKUT 134 (AAC) |
| Court | Upper Tribunal (Administrative Appeals Chamber) |
| Subject Matter | DLA,AA,MA: general,Human rights law,MA: general - other,Human rights law - article 14 (non-discrimination),Ward,C |
| Date | 21 April 2020 |
| Published date | 15 May 2020 |
MOC (by MG) v SSWP (DLA) [2020] UKUT 0134 (AAC)
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IN THE UPPER TRIBUNAL Case No CDLA/1920/2018
ADMINISTRATIVE APPEALS CHAMBER
Before UPPER TRIBUNAL JUDGE WARD
Attendances:
For the Appellant: Ms Ciara Bartlam, pro bono, instructed by
Merseyside Law Centre
For the Respondent: Ms Alice Richardson, instructed by
Government Legal Service
Decision: The appeal is dismissed.
REASONS FOR DECISION
1. The claimant, born in 1961, has learning disabilities. He has Down’s
Syndrome. He is also deaf and blind. He also has a number of significant
physical disabilities. The appeal is brought on his behalf by his sister, who is
his appointee for benefit purposes. She is also his Deputy for welfare
purposes, pursuant to an order of the Court of Protection dated 29 March
2010, under which her responsibilities included (subject to the detail within the
order) making the following decisions on his behalf that he is unable to make
for himself when the decision needs to be made:
(i) where he should live;
(ii) with whom he should live;
(iii) decisions on day-to-day care, including diet and dress;
(iv) consenting to medical or dental examination and treatment on
his behalf;
(v) making arrangements for the provision of care services;
(vi) whether he should take part in particular leisure or social
activities; and
(vii) complaints about his care or treatment.
2. The claimant had been in receipt of disability living allowance (“DLA”) at the
highest rate of each component
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, since 6 December 1993. On 29 June 2016
he was admitted to Walton Hospital, from which he was discharged on 1 July
2016. On 23 July 2016 he was admitted again to Walton Hospital and on 21
September 2016 was transferred to Clatterbridge Hospital, from which he was
discharged to a care home or nursing home on 26 August 2017. Both Walton
and Clatterbridge are NHS hospitals.
3. The appointee did not report the hospital admissions to the DWP until 28
March 2017. On (or around) 10 April 2017 the DWP took a decision that DLA
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The mobility component was transferred to Motability and a vehicle provided by that
organisation remained available for the claimant’s benefit through to the time when, following
his discharge from hospital, DLA once again became payable. This, though, was a matter for
the discretion of Motability, rather than a matter of right.
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