Source: All England Reporter
Publisher Citation: [1998] All ER (D) 702
Court: Court of Appeal, Civil Division

Simon Brown, Peter Gibson and Schiemann LJJ

Representation Roger McCarthy QC and Simon Cox (instructed by the Solicitor to the Department of Social Security) for the appellant.
  Richard Drabble QC (instructed by the Solicitor to the Joint Council for Welfare Immigrants) for the respondent.
Judgment Dates: 9 December 1998


Social security - Disability living allowance - Asylum seeker in receipt of time-limited DLA - New regulations coming into force on 5 February 1996 - Asylum seeker subsequently making claim for further DLA - Whether reg 12(3) preserving only such DLA as was payable under awards made before 5 February 1996 - Social Security (Persons from Abroad) Miscellaneous Amendments Regulations 1996, reg 12(3).

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