14 Mar 2017
The appellant suffered no prejudice from the Ministry's delay; the Authority's factual finding that the appellant failed to apply earlier for personal reasons and not because of any erroneous action or inaction by the Ministry meant the s 80AA preconditions were not met, so there was no basis to backdate the benefit and the appeal must be dismissed.
11 Oct 1996
The communications made by the appellant's family (telephone contact about 6 July 1994 and the letter of 22 July 1994) were equivalent to an application for consideration under the CPI Regulations; therefore the appellant was entitled to attendant care payments backdated to the commencement of the CPI Regulations (1 July 1994).
23 Aug 1995
The judge held that, applying s54 of the 1992 Act, entitlement to the independence allowance begins from the date of assessment (16 September 1994) because there was no evidence that the appellant had applied for the allowance or established deterioration prior to 1 July 1992; accordingly the respondent correctly refused to backdate the allowance and the appeal was dismissed.