Help with caselaw for H rate Mobility

Can someone please help me with the caselaw, or have I been dreaming? I’m sure that last year there was a helpful item of caselaw relating to people going on holiday abroad by plane and not having their H Mob questioned as ‘going on holiday was a one-off situation and adrenalin came into play and affected the claimant’s ability to walk longer distances than normal’, I can’t remember all of it but that was the main theme.

Was it CE/3002/2010, in relation to the LCWA descriptors?

http://www.osscsc.gov.uk/Aspx/view.aspx?id=3297

(Edited to fix display of web address)

Thanks, this was the decision I was thinking about, only I thought it was a DLA decision, that explains why I couldn’t find it.

Hello,
In case it helps, see also CDLA/2849/2000, where, at paragraph 7, Commissioner Powell wrote:

“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.”

hi kurt

i can’t find this on upper tribunal site.  do you have copy by any chance?

cheers ros

Hello,
I just put the decision reference in Google and found the decision at the following link:

http://www.rightsnet.org.uk/pdfs/cdla_2849_2000.doc

I’m not sure whether or not that it is on the new official site for decisions.  I had an old paper(!) copy in my archive.

hi kurt -

it’s in our toolkit area after all - i should have looked there!

http://www.rightsnet.org.uk/toolkit/disability-living-allowance/

thanks anyway

ros