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Appeal dismissed as refusal to revise disability allowance decision upheld
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The Court of Appeal dismissed an appeal against a High Court decision rejecting an application for the revision of a refusal of disability allowance. The applicant, represented by his mother, argued that new evidence and existing allowances (such as carer's allowance) should have supported his case, but the court found that the legal and evidential thresholds for revising the earlier decision were not met. The Court of Appeal agreed with the High Court’s rulings that the original appeals officer had provided adequate reasons, correctly understood the legal test for substantial restriction in employment, and was not required to accept proof of other allowances as determinative. The appeal was therefore rejected in its entirety, with the order for costs favouring the respondents.
disability allowance – appeal – revision of decision – new evidence – burden of proof – adequate reasons – carer"s allowance – domiciliary care allowance – substantial restriction – suitable employment – judicial review – costs order – Social Welfare Consolidation Act 2005 – Special Summons – Court of Appeal – High Court
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