[2025] UKUT 259 (AAC)

The Appellant argued in his application for permission to appeal that he has suffered Thlimmenos discrimination because he has received “the same treatment as claimants without health conditions in the absence abroad rules”. In his Reply, he re-framed this ground as a challenge to regulation 11(1)(b), relying on Article 14 read with A1P1, and arguing that the discrimination is “indirect discrimination on the basis that the one month standard rule is more likely to affect disabled people”. He asserts that disabled people are “at greater risk of losing entitlement of benefit for reasons connected with their status”. He relies a statement made by the Secretary of State that “both older people and disabled people are more likely to need to go outside GB for medical treatment, or to need hospital treatment when they are abroad.”