If you have not used this pack before please go to the introduction first.
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1. Introduction
2. Correct application of the whole test
3. Care needs
3.1 So severely disabled physically or mentally
3.2 Cooking test (Preparing a cooked main meal)
3.2.1 Definition of test
3.2.2 Effect of disability
3.2.3 Meaning of main meal
3.2.4 Use of oven, microwave and other adaptations
3.3 Attention in connection with bodily functions
3.3.1 Direct attention
3.3.2 Domestic tasks
3.3.3 Indirect attention
3.3.4 Meaning of bodily function
3.3.5 Meaning of frequent, prolonged and repeated
3.3.6 Meaning of night
3.3.7 Meaning of significant
3.4 Supervision to avoid substantial danger
3.4.1 Falls
3.4.2 Meaning of continual
3.4.3 Meaning of danger
3.4.4 Meaning of supervision
4.1 Benefiting from enhanced locomotion
4.2 Lower rate mobility component
4.3 Higher rate mobility component
4.3.1 Unable to walk
4.3.2 Virtually unable to walk
4.3.3 Danger to health
4.3.4 Deaf and Blind
4.3.5 Severe Mental Impairment and Severe Behavioural Problems
5.1 Alcoholism
5.2 Anorexia Nervosa
5.3 Asthma
5.4 Attention Deficit Hyperactivity Disorder (ADHD)
5.5 Autism and Aspergers
5.6 Blindness
5.7 Chronic Fatigue Syndrome (ME)
5.8 Claustrophobia and Agoraphobia
5.9 Coeliac Disease
5.10 Deafness
5.11 Diabetes
5.12 Dialysis
5.13 Dyslexia
5.14 Epilepsy
5.15 Hysterical paralysis
5.16 Illiteracy
5.17 Incontinence
5.18 Mental Health
5.19 Migraine
5.20 Porphyria and skin complaints
5.21 Sleepwalking
6.1 Aids and Adaptations
6.2 Awards
6.3 Children
6.4 DLA beyond age 65
6.5 Evidence
6.6 Exporting DLA/AA abroad
6.7 Prison
6.8 Refusing treatment
6.9 Religious or cultural beliefs
6.10 Residential Care
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Disability Alliance attendance allowance and disability living allowance case law summaries
ESA descriptors refer to the pre March 2011 test unless stated otherwise.
CDLA/1340/2009 [2011] UKUT 293 (AAC): Supersession, because of a change of circumstances
Three judge panel - Judges Mesher, Williams and Wikeley
15 July 2011
This case concerns the date that a supersession, because of a change of circumstances that is disadvantageous to the claimant, should take effect. It only applies to DLA and AA decisions that are not “disability determinations”, for example where the claimant has gone into hospital.
In a very long and complex decision, the Tribunal of Judges held that the rule that supersession because of a change of circumstances that is disadvantageous takes effect from the date of the change cannot apply for any period before 10 April 2006.
This is because that under the legislation in place from 5 July 1999 until 9 April 2006 a DLA supersession taken on non-disability grounds - for example that a claimant had been a hospital in-patient or a care home resident - could only take effect from the date on which it was made.
The amending regulation that provides for a supersession of DLA on non-disability grounds only came into effect from 10 April 2006 (i.e. regulation 5(3)(a) of the Social Security (Miscellaneous Amendments) (No. 2) Regulations 2006 (SI 2006/832) that amended regulation 7(2)(c) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999).
In this specific case, the claimant was in hospital or a nursing home from January 2000 and the care component was not payable from February 2000. However the DLA Unit did not discover that the claimant had been in the nursing home until November 2006. The Upper Tribunal decided that the superseding decision that DLA was not payable from February 2000 only took effect from 10 April 2006.
Ken Butler and Keith Venables - 7 September 2011
http://www.disabilityalliance.org/dlalaw.htm