Dear Department for Work and Pensions,

Dear Sirs,

Could you please tell me how many cases has the DWP allowed access to the Upper Tribunal Administrative Appeals process, how many has the DWP won (and consequently reinstatement has been denied)and how many lost(granting reinstatement) with regard to the export of the Care Component of Disability Living Allowance to former recipients
of this benefit when they were resident in the U.K. and subsequently moved to another E.U. state. I refer to reinstatement
of benefit prior to the date (Oct.2007)of ECJ case C-299/05. I am aware of two that the Secretary of State for Works and Pensions has lost, both before Judge Mesher. The first ruling was dated 5 May 2009 (CDLA/2078/2005) and the second was dated 2 July 2009 (CDLA/2106/2006) In both cases benefit was reinstated to the date of departure from the U.K. Having lost both these appeals it would appear that the DWP has made it virtually immposible to gain access to the Upper Tribunal, hiding behind the mantra that you were waiting for the results of 'test or lead cases' which were heard in March. What was the result of these cases? I know John Hamilton had his benefit reinstated to June 2006..the date he left the U.K.

A freedom of information request http://www.whatdotheyknow.com/request/results_of_upper_tribunal_appeal#i...