A client has a profoundly deaf son, in his 20's who has been in receipt of Middle Rate Care DLA for 12 years. He has completed renewal forms and been put forward for medical. Client says she is aware, from some years ago, that a test case happened where any profoundly deaf person was granted Middle Rate Care indefinitely. If this is the case does anyone know what caselaw it was?

I have had of several cases where a profoundly deaf client has been awarded MRC indefinitely, or open ended awards.
not sure of any caselaw though.
as always it depends on the DM's understanding of the issues for deaf people.
if you want to email me my address is linda.thomas@ndcs.org.uk

Thanks Linda.
My client rang the DBU yesterday afternoon and was told son shouldn't have been put forward for the medical, apparently he will be sent a revised award notice soon. Hopefully Middle Rate continues. Thanks for your mail.

Newcastle Welfare Rights Service and RNID both produce useful information packs relating to claims for DLA & AA by deaf and hard of hearing people.

The following are links to the relevant rightsnet swopshop items detailing how they can be obtained -

http://www.rightsnet.org.uk/cgi-bin/publisher/display.cgi?135-2102-9512+swopshop

http://www.rightsnet.org.uk/cgi-bin/publisher/display.cgi?1526-3105-10846+swopshop

There is is also a swopshop item highlighting information packs produced by the National Deaf Children's Society relating to similar claims made on behalf of those under 16 years of age -

http://www.rightsnet.org.uk/cgi-bin/publisher/display.cgi?1535-10100-21734+swopshop

The most famous case on MRC for a Deaf person is Fairey(Halliday) reported as SoS for Soc Sec v Fairey <1997> 1WLR 799, HL reported as R(A) 2/98. I don't actually know if this was an indefinite award (it would have been a "for life" award in those days as indefinites didn't exist). That was the case that established that help with hearing enough to enjoy as normal a life as possible - including a social life - was attention in connection with the bodily function of hearing.

However the amount of such attention will be a question of fact in every case and will depend partly on how much contact the claimant has necessarily with hearing people. It was probably significant that Mrs Fairey was in full time work in an environment where she had regular need to be in contact with hearing people. Someone whose work and/or social life is primarily within the Deaf community may not qualify for middle rate.

Brigid C