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Public law and Regulation

Case reports and guidance on public law and professional regulation issues

06 SEP 2012

R (on the application of MM & Another) v Secretary of State for Work and Pensions [2012] EWHC 2106 (Admin) (2012) PLLR 110

Community care - Reasonable Adjustments - Employment Support Allowance

The Court granted permission for the Claimants to challenge the assessment process determining the receipt of Employment Support Allowance on the basis that the Defendant had failed to make reasonable adjustments required by the Equality Act 2010. The case was transferred to the Upper Tribunal.

26 July 2012

Administrative Court

Edwards-Stuart J

(1)        This application for permission concerned the assessment process by which the Defendant determines the eligibility of persons with impaired mental, cognitive and intellectual functions to receive Employment Support Allowance (ESA).

(2)        The grounds of challenge made by the two Claimants alleged that the Defendant failed to make ‘reasonable adjustments' (as required by the Equality Act 2010) to the application process to avoid the disadvantages that would otherwise be faced by this group of persons.

(3)        The Claimants case was that the recommendations set out in the report prior to the introduction of the law had not been properly implemented, namely the recommendation that independent medical evidence should be sought at an early stage.

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