S117 and DLA Mobility

I’ve been sent an extract from a DLA entitlement letter which reads:

“If you are a resident of a care home and eligible for ther DLA mobility componentbut not receiving it because you are funded by the NHS, you may now be entitled to the payment following a court judgment’

I’ve looked around but can’t find what they’re referring to. No citation provided.

Even if it shows yet again that I can’t see for looking, does anyone know what this refers to?

could it be court of appeal decision in slavin?

here’s rightsnet news story -

http://www.rightsnet.org.uk/news/story/whether-claimant-in-specialist-care-home-was-undergoing-medical-or-other-tr

and decision itself -

http://www.bailii.org/ew/cases/EWCA/Civ/2011/1515.html

here’s also dmg memo 4/12 on decision -

http://www.dwp.gov.uk/docs/m-4-12.pdf