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Forum Home  →  Discussion  →  Disability benefits  →  Thread

severe mental impairment etc & Higher rate Mobility

Claire Hodgson
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PI Team, BHP Law, Durham

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http://www.bailii.org/uk/cases/UKUT/AAC/2014/312.html

you will all love.

UT Judge Nicholas Wikeley:

“The Upper Tribunal’s conclusion on a point of law

2.    Social Security Commissioner’s decision R(DLA) 2/96 has long been recognised as authority for the proposition that the human brain is fully developed before an adult reaches the age of 30. On that basis it has been consistently held that a person who suffers from what would otherwise be regarded as “a state of arrested development or incomplete physical development of the brain” does not qualify under the SMI rules if that condition first occurs after the age of 30 (e.g. as a result of traumatic brain injury). I refer to this as the “age 30 cut-off rule”. In the light of the expert evidence reviewed in this decision, I decide that the age 30 cut-off rule is no longer good law and R(DLA) 2/96 should no longer be followed in that respect”

shawn mach
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looks like it’s CDLA/1079/2012

also @ http://www.osscsc.gov.uk/Aspx/view.aspx?id=4261

1964
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Deputy Manager, Reading Community Welfare Rights Unit

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Nice one!

I have at least one client I can think of who could benefit from this.

Mike Hughes
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Senior welfare rights officer - Salford City Council Welfare Rights Service

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1964 - 11 August 2014 07:59 AM

Nice one!

I have at least one client I can think of who could benefit from this.

IDS?

1964
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Deputy Manager, Reading Community Welfare Rights Unit

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Mike Hughes - 11 August 2014 01:48 PM
1964 - 11 August 2014 07:59 AM

Nice one!

I have at least one client I can think of who could benefit from this.

IDS?

Chortle!!

Now that really would be the Client From Hell wouldn’t it?

1964
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Deputy Manager, Reading Community Welfare Rights Unit

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Quite right Chris. Point taken.

Very useful decision to go back to the original point of the thread. Shame it has come so late in the day as far as DLA is concerned.

Altered Chaos
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Operations & Advice Manager - Citizens Advice Taunton

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I can’t believe that from DLA decision to UT it took 2009 to 2014!!!