An interesting outcome to the challenge mounted by the family of Cameron Mathieson against the policy of the Department of Work and Pensions (DWP) to withdraw Disability Living Allowance ( DLA ) payments for their son whose stay in hospital exceeded 84 days - the statutory period after which payments usually cease.
The supreme court came to the unanimous decision that the Secretary of State's decision to stop the payment of DLA violated human rights under article 14 of the convention and that the Secretary of State had acted unlawfully in making the decision . Cameron’s needs were such that the purpose for which the DLA was being paid continued despite his hospital admission and a significant amount of care continued to be delivered by his parents. Sadly Cameron died in 2012. The legacy of his case identified that it is "unfair to remove disability benefits from the most sick and disabled children when they need it most.". It will be interesting to see how the DWP respond to this judgement and the impact it might have on others in similar situations.
Full details of the Judgement can be found here