Source: All England Reporter
Publisher Citation: [2002] All ER (D) 425 (Mar)
Neutral Citation: [2002] EWCA Civ 408
Court: Court of Appeal, Civil Division
Judge:

Dame Elizabeth Butler-Sloss P, Potter and Kay LJJ

Representation Daniel Kolinsky (instructed by Hodge Jones & Allen) for the claimant.
  Julie Anderson (instructed by the Office of the Solicitor, Department of Work and Pensions) for the Secretary of State.
Judgment Dates: 27 March 2002

Catchwords

Social security - Disability living allowance - Entitlement - Care component - 'Cooking test' - Claimant requiring help in cooking hot main meal on one to three days a week - Tribunal holding that claimant not entitled to care component - Commissioner upholding tribunal's decision on appeal - Whether tribunal in error - s 72(1).

The Case

A disability appeal tribunal was wrong to find that a claimant was not entitled to the care component of disability living allowance where it did not dispute her evidence that she required help with preparing a hot main meal on one to three days a week.

Practice Areas

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