Worley v Secretary of State for Work and Pensions

Subject Matter

SOCIAL SECURITY — Personal independence payment — Transitional provisions — Disabled claimant in receipt of disability living allowance notifying Secretary of State of change of circumstances — Secretary of State inviting claimant to apply for personal independence payment in accordance with transitional regulations — Claimant’s entitlement to new benefit assessed at higher rate — Transitional provisions providing for payment of new benefit to take effect four weeks after determination and 30 weeks after application — Whether payment of increased rate of benefit to be backdated — Whether claimant falling within subset of transferring claimants falling outside scope of transitional provisions — Whether failure to backdate payment of new benefit unlawfully discrimination in breach of Convention rights — Human Rights Act 1998 (c 42), Sch 1, Pt I, art 14, Pt II, art 1 — Personal Independence Payment (Transitional Provisions) Regulations 2013 (SI 2013/387) (as amended by Personal Independence Payment (Transitional Provisions) (Amendment) Regulations (SI 2013/2231), reg 2(2) and Personal Independence Payment (Transitional Provisions) (Amendment) (No 2) Regulations (SI 2013/2689), reg 2(3)), regs 2(a), 3, 17, 20 — Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013 (SI 2013/380), reg 38(4)

[2019] EWCA Civ 15; [2019] PTSR 1667; [2019] WLR(D) 53, CA

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 — Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013/380, reg 38 — Human Rights Act 1998 (c 42), Sch 1, Pt 1, art 14

[2019] EWCA Civ 15; [2019] PTSR 1667; [2019] WLR(D) 53, CA

Appellate History