Pridding v Secretary Of State For Work & Pensions [2002] EWCA Civ 306 (4 March 2002)

Pridding v Secretary Of State For Work & Pensions [2002] EWCA Civ 306 (4 March 2002)

Section 70(2) of the 1992 Act provides the exclusive definition of 'severely disabled person' for ICA purposes; regulation 4(2) cannot extend or alter this definition by deeming, and entitlement to ICA ceases when attendance allowance is not payable due to hospitalisation.

Citation
[2002] EWCA Civ 306
Parties
Claimant (respondent): Dennis Arthur Pridding; Defendant (applicant/appellant): Secretary of State for Work and Pensions
Jurisdiction
England and Wales
Judgment Date
04 March 2002
Procedural Posture
Appeal From Social Security Commissioner / Court of Appeal (civil Division) Judgment
Outcome
Appeal allowed; decision of the Commissioner reversed.
Legal Topics
Invalid Care Allowance, Attendance Allowance, Statutory Interpretation, Regulations, Delay in Proceedings
Social Security Law Administrative Law Invalid Care Allowance Attendance Allowance Statutory Interpretation Regulations Delay in Proceedings

Case Brief

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Parties

Dennis Arthur Pridding

Claimant (respondent)

Secretary of State for Work and Pensions

Defendant (applicant/appellant)

Procedural Posture

Appeal From Social Security Commissioner / Court of Appeal (civil Division) Judgment

Legal Issues

  1. 1 Whether regulation 4(2) of the 1976 Regulations can extend the definition of 'severely disabled person' beyond section 70(2) of the 1992 Act
  2. 2 Whether entitlement to Invalid Care Allowance persists when the cared-for person is not entitled to attendance allowance due to hospitalisation

Ratio Decidendi

Section 70(2) of the 1992 Act provides the exclusive definition of 'severely disabled person' for ICA purposes; regulation 4(2) cannot extend or alter this definition by deeming, and entitlement to ICA ceases when attendance allowance is not payable due to hospitalisation.

Court Disposition

Appeal allowed; decision of the Commissioner reversed.

Orders

  • Extension of time granted
  • Appeal allowed