Secretary of State for Work and Pensions v Batty
Assistance limited to carrying drinks does not constitute 'attention in connection with bodily functions' as required by Section 64 of the Act, as it lacks the necessary close and intimate character established by binding authority.
- Parties
- Appellant/defendant: Secretary of State for Work and Pensions; Respondent/claimant: June Batty
- Jurisdiction
- England and Wales
- Judgment Date
- 13 December 2005
- Procedural Posture
- Civil Appeal / Appeal From Social Security Commissioner to Court of Appeal
- Outcome
- appeal allowed
- Legal Topics
- Attendance Allowance, Disability Benefits, Statutory Interpretation, Bodily Functions, Legal Test for 'attention'
Case Brief
Summary, issues, holding and outcome
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Parties
Secretary of State for Work and Pensions
Appellant/defendant
June Batty
Respondent/claimant
Procedural Posture
Civil Appeal / Appeal From Social Security Commissioner to Court of Appeal
Legal Issues
- 1 Whether assistance with carrying drinks constitutes 'attention in connection with bodily functions' under Section 64 of the Social Security Contributions and Benefits Act 1992
- 2 Whether the Commissioner erred in law in his interpretation of 'attention' and 'bodily functions'
Ratio Decidendi
Assistance limited to carrying drinks does not constitute 'attention in connection with bodily functions' as required by Section 64 of the Act, as it lacks the necessary close and intimate character established by binding authority.
Court Disposition
appeal allowed
Orders
- Matter remitted to the Appeal Tribunal at Stockport for reconsideration
- Order for a Legal Services Commission funding assessment of the respondent's costs
Full Case Text
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