Source: All England Reporter
Publisher Citation: [2002] All ER (D) 30 (Mar)
Court: Court of Appeal, Civil Division

Ward, Laws and Keene LJJ

Representation Richard Drabble QC (instructed by the Child Poverty Action Group) for the claimant.
  David Forsdick (instructed by the Office of the Solicitor for the Department of Work and Pensions) for the Secretary of State.
Judgment Dates: 4 March 2002


Social security - Invalid care allowance - Entitlement - Claimant caring for elderly mother in receipt of attendance allowance - Claimant claiming invalid care allowance - Adjudication officer seeking repayment of invalid care allowance paid to claimant in respect of periods when claimant's mother hospitalised - Whether claimant's mother still within definition of severely disabled person - ss 70(1), 70(2), 70(8) - Social Security (Invalid Care Allowance) Regulations 1976, reg 4(2).

The Case

On the proper construction of s70(2) of the a 'severely disabled person' meant a person in respect of whom there was payable either an attendance allowance or disability living allowance so that when the person cared for ceased to be a severely disabled person within that definition, entitlement to invalid care allowance under s70(1) of the 1992 Act ceased.

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