Tue 24-Nov-09 01:00 PM by iut044

Hi

I have a client who has been refused Disability Living Allowance. If he used stairs he would need help using them. However. he lives in a caravan. Can his problem with stairs be taken into account?

Thanks

When does he use the stairs?

are there not steps to get into and out of the caravan? most that i've seen require them...

Good point Claire, I will have to ask the client about that.

Sorry, I have not phrased the question very well. Is the need for help with stairs a theoretical test or does it matter what type of accomodation that the person lives in?

The claim form does specifically ask what type of accommodation they live in, where the bathroom and bedroom is. I have always assumed that was to build an actual picture of how the client struggled or not within their own home i.e living conditions specific to them. On that basis I would say it is not a theoretical test.
The suggestion of access to the caravan via steps may not help, if they are considering difficulty using stairs as part of the need for care because they look at care within the home, rather than the need for access to it.

It is settled law that walking is a "bodily function" and I don't see why using stairs is not an extension of that function. The need for assistance with any form of mobilisation can be taken into account in arriving at their care needs. Your client might visit family or friends, hospitals, and GP surgeries, etc, where help with stairs would be needed and may be artificially restricting his activities to avoid them.

On the other hand, it does make sense for people who can't do stairs to live somewhere where that isn't a problem, But don't neglect those steps outside the front door, as he is never required to be a prisoner in his own home.

aridane, so would I need I need to esablish that the client would use stairs a lot if the help was availaible for it to be much use in securing an award of Disability Living Allowance?

Help is help that is reasonably required. So if a person cannot lead a normal life (depending on the circumstances of the case) because they cannot use stairs then any help needed to use stairs can be aggregated with any other help reasonably required in connection with a bodily function. It is a question of fact essentially

and, as ariadne says, a normal life includes being able to get in and out of one's home...