Legal decision may pave way to protect disability benefits


Posted on January 1st, by editor in Caring Times. No Comments

In what has been described as “a landmark legal case”, a social security judge may have opened the way for disabled and elderly people living in residential care homes to continue receiving disability benefits. The case, backed by the Child Poverty Action Group (CPAG), concerned a Mrs Tooke and her right to be paid attendance allowance while she was selling her home in order to meet the costs of a care home. The DSS decided that she was unable to be paid benefit for this period, but the social security judge, Commissioner Patrick Howell QC (on an appeal brought by Mrs Tooke¹s daughter), overturned this decision and ruled in her favour ­ a decision which could apply equally to many thousands of people in the same position. However, although the judge has ruled against the DSS, because of what are called the “anti-test case” rules the Government may refuse to pay people who had benefits stopped before the date of the judge¹s decision. Campaigners are calling on the Government to make backdated payments and t





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