The WLR Daily case summaries
[2019] WLR(D) 53
Court of Appeal
Worley v Secretary of State for Work and Pensions
[2019] EWCA Civ 15
2018 Nov 6; 2019 Jan 30
Ryder, Sharp, Peter Jackson LJJ
Social security— Disability living allowance— Personal Independence Payment— Discrimination— Supersession of benefits— Change in circumstances— Claimant receiving Disability Living Allowance notified of need to apply for Personal Independence Payment, and that entitlement to Disability Living Allowance ending— Claimant so applying, but refused new benefit— Claimant successful on appeal against adjudication and held to be entitled to new benefit— Claimant informed that payment of benefit not to be backdated to time of notification to Secretary of State— Whether claimant entitled to have Personal Independence Payment award back-dated —
Personal Independence Payment (Transitional Provisions) Regulations 2013 (SI 2013/387), regs 17, 20
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Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013/380, reg 38
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Human Rights Act 1998 (c 42), Sch 1, Pt 1, art 14