Carolin Ott and Tessa Gregory from the law firm Leigh Day are bringing a judicial review challenge to Regulations 29 and 30 of the Social Security (Personal Independence Payment) Regulations 2013, which suspend Personal Independence Payments and by extension Carer’s Allowance after 28 days in hospital (and specific other settings, such as hospices if individuals are not terminally ill). They are seeking further evidence to support the judicial review (in the form of case studies).
The Claimant is a severely disabled young man who was in hospital from 27 December 2020 until 30 June 2021, and is now in hospice care. He has therefore had his PIP entitlement and, by extension, his mother’s Carer’s Allowance covering care provided to him suspended despite the fact that the disability-related needs he exhibited at home continued to exist in hospital and now in hospice care and his parents’ care was and is still needed to a substantial extent during his hospitalisation and hospice care. The effect of the “hospitalisation rule” is to treat him differently from a person in the same situation but who is hospitalised for less than 28 days, and it causes material detriment to severely disabled individuals like the Claimant whose complex care needs require a known carer to continue to attend to them during a hospital (or similar) stay and whose needs cannot be met without substantial input from their known carer. It is also irrational.
We are seeking case studies to support the case and would be very interested to hear of others who are in a similar position to our client. If there are people you have represented who have been in the same or similar situation we would be extremely grateful if you could provide a short summary of their situation to us (gaining their prior authority to do so). Please do not hesitate to contact us if you require any further information. Our contact details are Carolin Ott – cott at leighday dot co dot uk and Tessa Gregory – tgregory at leighday dot co dot uk