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Top Disability related benefits topic #6730

Subject: "DLA walking test - holidays/special occasions" First topic | Last topic
derbyadvic
                              

Welfare Rights Officer, Derby Advice
Member since
23rd Jul 2008

DLA walking test - holidays/special occasions
Fri 17-Apr-09 10:21 AM

If anyone is aware of any CDs re walking ability being better than usual as they are walking through the airport/to plane could they reply and post details,

Thanks,

Toby

  

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Replies to this topic
RE: DLA walking test - holidays/special occasions, northwiltshire, 22nd Apr 2009, #1
RE: DLA walking test - holidays/special occasions, Kurt, 04th Jun 2009, #2
RE: DLA walking test - holidays/special occasions, ariadne2, 04th Jun 2009, #3
      RE: DLA walking test - holidays/special occasions, nevip, 05th Jun 2009, #4
           RE: DLA walking test - holidays/special occasions, dab, 08th Jun 2009, #5

northwiltshire
                              

welfare rights officer, c.a.b. n.wiltshire
Member since
26th Jan 2004

RE: DLA walking test - holidays/special occasions
Wed 22-Apr-09 12:49 PM

I don't know any specifecs, but remember only walking without severe discomfort counts R(m) 1/81 etc.What I have successfully argued for arthritis/ fibromyalgia cases is that the client endures the airport for the exceptional pay off ,of 2 or more weeks in the warmer weather which makes their life more tolerable for the 2 weeks they are there. Did the client say they walked across airport or is this an assumption, as one of my clients was asked once did she use a wheelchair and she said no I used baggage trolley, which the EMP ommitted and simply stated didn,t use wheelchair at airport, and the DM then inferred she walked. We won appeal, and have won others with the first arguement on the basis they are one off's. They all thought the extra costs or hassle of using a wheelchair was to much previously but now realise losing DLA and an appeal are far greater hassles, and now arrange wheelchairs when they travel,

  

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Kurt
                              

Welfare Rights Officer, Tameside MBC Welfare Rights Service, Ashton-under-
Member since
27th Jan 2004

RE: DLA walking test - holidays/special occasions
Thu 04-Jun-09 04:54 PM

Not exactly a decision about walking being better just because someone is at an airport (what would the medical basis of that be?) but In CDLA/2849/2000, at paragraph 7, Commissioner Powell concluded the following:

"Finally, the majority of the appeal tribunal appear to have attached significance to the fact that the claimant went to Spain for a holiday. Again, this is a matter for the new tribunal. However, for my own part, I would hesitate to attach much, if any, significance to a short, and probably not very energetic, holiday taken in a warm climate a short plane journey from the claimant's home."

Entirely obiter of course but I think it remains worth quoting even though it probably pre-dates the operation of the still sometimes apparent 'airport test' of entitlement (along with the similar 'driving test', 'Asda test', 'Morrison's test', and so on).

  

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ariadne2
                              

Welfare lawyer and social policy collator, Basingstoke CAB
Member since
13th Mar 2007

RE: DLA walking test - holidays/special occasions
Thu 04-Jun-09 05:13 PM

But what about, say, a 13 hour plane journey (Thailand) by someone who claims to be unable to sit for more than 10 minutes without moving from the seat? How often have you flown without being strapped in for at least half an hour due to turbulence? I don't regard myself as ahving any disabilities, but I can't sit in an airline seat for 13 hours.

  

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nevip
                              

welfare rights adviser, sefton metropolitan borough council, liverpool.
Member since
22nd Jan 2004

RE: DLA walking test - holidays/special occasions
Fri 05-Jun-09 08:16 AM

Ah! That famous long walk through Manchester airport test.

  

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dab
                              

disability advisor, DIAL lowestoft
Member since
06th Jan 2006

RE: DLA walking test - holidays/special occasions
Mon 08-Jun-09 09:55 PM

Same thing at our end re Stanstead Airport. Say you go on holiday from Stanstead and didn't use a wheelchair or buggy service and high mob is most def at risk - irrelevant that people may stay overnight at airport to give themselves extra time !! Also asthma and coping with being on a plane...asthma and warm climate...etc etc

  

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