Thursday 2nd December 2021
Appeal against the decision of the Upper Tribunal (Administrative Appeals Chamber) dated 21 April 2020 (UT) , Upper Tribunal Judge CG Ward sitting.
The UT dismissed the Claimant’s appeal against the First tier Tribunal (Social Entitlement Chamber) (FTT)’s decision notice dated 28 March 2018.
The Appellant challenged Regulations 8, 10, 12A and 12B of the Social Security (Disability Living Allowance) Regulations 1991 which he argues are unlawfully discriminatory contrary to Article 14 of the EHCR when read with A1P1. The Claimant, a vulnerable adult with serious disabilities, argues that the Regulations should be repealed for adults, as they were for children, following the Supreme Court’s decision in Mathieson v SSWP  UKSC 47.
The effect of the regulations is that an applicant aged 18 years or over is not paid Disability Living Allowance (`DLA’) after he has been a hospital in-patient for a cumulative total of 28 days or more.