News & Resources

Court of Appeal considers genuine and sufficient link test

11th February 2019

Julia Smyth, led by Gerry Facenna QC at Monckton Chambers, represented the Secretary of State for Work and Pensions in two appeals heard in the Court of Appeal on 7 February 2019, concerning the “genuine and sufficient link” test as it applies to Disability Living Allowance and Attendance Allowance.

The test was incorporated into domestic law following the CJEU’s judgment in Case C-503/09 Lucy Stewart v SSWP [2012] 1 CMLR 337. Judgment was reserved.