We appear to have a DM who thinks that a claimant who only has one leg and a set of crutches can walk - (and cook a main meal for themselves) - does anyone recall the number of the Commissioners decision which states that walking is the process of placing one foot in front of another - using a pair of crutches and "swinging through" is therefore not walking - thought I had a copy but .....

Hi, think the following may be of use:

CDLA/97/2001 (*102/01)

and

R(M)1/90

Hope they help!

The one you are thinking about is, I think, R(M) 2/89.

Thanks for the replies - having searched diligently on the net without success, I don't suppose anyone has a copy they could email - PDF or word, I'm not picky.....

I think it's R(M) 2/89 you need too. Sorry not got a copy though. I normally quote from the commentary in Bonner.

We have the following on our website:

Lees v Secretary of State (1985) (reported as appendix to R(M)1/84): Meaning of walk
Someone is unable to walk if they cannot use their legs for walking. A person who is bedridden or paraplegic is therefore unable to walk. A person who has a leg amputated may be unable to walk but might be enabled to walk by the use of artificial aids such as a false limb or crutches. The test is the ability to perform the physical act of walking, not the ability to get from A to B.

R(M)3/78 defines walk as an ordinary English word in common usage meaning to move by means of a person's legs and feet or a combination of both. R(M)/1/90 defines it as advancing in a manner in which at least one foot is on the ground.

R(M)2/89: Use of aids
If crutches or other aid is used must consider whether they enable the claimant to walk as defined. If simply swinging feet then claimant will satisfy the unable to walk test. See also R(M)1/90 and CDLA/97/2001* (102/01).

From here

Sorry but can't find links to hard copies of these though.

Thanks very much for your assistance gentlemen - most kind - I shall now go and annoy a DM or two....