Has anyone ever done a DLA claim for someone with Dariers disease (intolerance of sunlight)or know of a commissioners decision related to this topic.

no but there was something - can't remember where now - very recently re. not qualifying for DLA mobility as such people can walk outside without supervision (the fact that it is dangerous to them to do so not being relevant to their ability etc. since they don't need supervision).

In R(DLA) 6/99 it was held that a claimant suffering from porphyria (a condition causing skin to blister when exposed to daylight) was not 'virtually unable to walk'.

R(DLA) 6/99 was recently cited by Commissioner Jacobs in CDLA/1639/2006 in which he considers the issue of whether a claimant who suffered from severe and prolonged migraines could be deemed 'virtually unable to walk'.

Following R(DLA)6/99 a client of ours with severe photosensitive atopic eczema had his award of DLA HRM stopped - appeal was unsuccessful.

We took on the case some time later and reapplied looking for LRM. This was awarded on appeal, DWP appealed. Commissioner Fellner allowed the appeal, ruling out most obvious arguments for LRM but rather grumpily conceded the possibility of entitlement on what she clearly considered the rather far-fetched - but in fact perfectly accurate - ground that client required so much swathing in thick cloth before venturing out in daylight that he couldn't find his way anywhere and required guidance - C(DLA)282/02.

http://www.osscsc.gov.uk/judgmentfiles/j1006/cdla%200282%202002sa.doc

On remission the tribunal again awarded LRM, plus LRC this time because of allergic reactions when cooking.

Richard Atkinson
Wirral Welfare Rights Unit