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Supreme Court grants permission to appeal in disability living allowance case

The Contact a Family charity has welcomed a Supreme Court decision to allow a family to appeal against their son's loss of disability living allowance (DLA) when he was in hospital.

The Mathieson family have taken their case through the courts arguing that the removal of their son's disability benefits was discriminatory.

Charity chief executive Amanda Batten said: “This is good news and we wish the Mathieson family luck in their appeal, which if successful could help hundreds of disadvantaged families with disabled children who are affected each year.”

Under current rules, DLA is stopped if a child is in hospital for more than 84 days, as the Government argues that the NHS then meets his or her care needs and so taxpayers would pay twice over were DLA still paid as well.

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Ms Batten said some 500 “of the most sick and severely disabled children in the country are being denied financial help when they need it most” by this rule.

The Mathieson’s son Cameron spent more than two years in hospital with cystic fibrosis and muscular dystrophy prior to his death, aged five, in 2012.

Mark Smulian

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