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DLA -request for caselaw

PCLC
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Benefits Supervisor - Plumstead Law Centre, London

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Am appealing decision to UT for a child - I need the decision or decisions that say when looking at attention for a substantial portion of the day, it is not just a case of adding up the minutes but you need to look at the broader picture, if that makes sense.

I thought it was Moyna but I have looked at the Judgement and can’t find mention of the above in there.

Many thanks all and have a good weekend!

nevip
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Welfare rights adviser - Sefton Council, Liverpool

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PCLC
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Benefits Supervisor - Plumstead Law Centre, London

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Total Posts: 240

Joined: 16 June 2010

Many thanks Paul.

PCLC
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Benefits Supervisor - Plumstead Law Centre, London

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Total Posts: 240

Joined: 16 June 2010

Paul -  sorry to be a pain, that one is useful but it wasn’t the one I remember vaguely about not simply adding up the time towards significant portion of the day - have you got any more?

Many thanks

Carlos

nevip
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Welfare rights adviser - Sefton Council, Liverpool

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Sorry Carlos.  I’m out!

Nicky
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Supervisor Welfare Benefits, Barrow-in-Furness, Citizens Advice Bureau

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Don’t know if this helps Carlos but i’ve just been dealing with a similar issue on the significant portion meaning for an adult and found pages 135 & 136 of the sweet and maxwell SS legislation 2012/13 (Bonner) book to be really helpful.

PCLC
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Benefits Supervisor - Plumstead Law Centre, London

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Nicky, that would be very helpful - we don’t have the current Bonner (can you believe that for a Law Centre?) and are waiting for the new ones - could you possibly fax the pages on 020 8316 7903 or scan and e-mail on .(JavaScript must be enabled to view this email address)? Many thanks!

Nicky
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Supervisor Welfare Benefits, Barrow-in-Furness, Citizens Advice Bureau

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We now have the new, new book….have e-mailed pages 139-140 to you - hope it helps.

PCLC
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Benefits Supervisor - Plumstead Law Centre, London

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Thanks Nicky it has helped!