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Case law on holidays and PIP

CHAC Adviser
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I have rattling around in the back of my mind that there’s some case law out there (might be a DLA case) to the effect that a Tribunal could be leading itself into making an error of law if it places too much weight on a one-off trip that a claimant makes abroad. I’ve got a case where, from the statement of reasons, it appears a Tribunal have done just this but I’m struggling to put my finger on what the case was where this is mentioned as a concept.

Anyone with a better memory or better Google fu who can point me in the right direction would receive my hearty thanks for their assistance!

Elliot Kent
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Try KN v SSWP (ESA) [2011] UKUT 229 (AAC).

There are others I am sure as it is a longstanding issue (see also the ability to drive).

Pete at CAB
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CHAC Adviser - 24 October 2023 03:55 PM

I have rattling around in the back of my mind that there’s some case law out there (might be a DLA case) to the effect that a Tribunal could be leading itself into making an error of law if it places too much weight on a one-off trip that a claimant makes abroad. I’ve got a case where, from the statement of reasons, it appears a Tribunal have done just this but I’m struggling to put my finger on what the case was where this is mentioned as a concept.

Anyone with a better memory or better Google fu who can point me in the right direction would receive my hearty thanks for their assistance!

and another one - https://assets.publishing.service.gov.uk/media/5fe0d2128fa8f56af97b1e12/CPIP_2851_2019-00.pdf

CHAC Adviser
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Knew I could count on this Forum for the answers. Thanks both!

AlexJ
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Trafford Welfare Rights

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See also CDLA/3447/2012 for an old-school one. I have a word file of it, if you can’t find a copy online just message me and I can send it over.

Daphne
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Hi Alex - if you email it to us we could put it in our case law archive - https://www.rightsnet.org.uk/resources/disability-living-allowance

AlexJ
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Of course Daphne, I have attached it to this post - I think that should do it?

(edit: don’t know why I didn’t do that in the first place)

Kind regards

Alex

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Daphne
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Thanks Alex - here we go for anyone that might need it - https://www.rightsnet.org.uk/resources/disability-living-allowance

Mike Hughes
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Who adds stuff into pipinfo?

Daphne
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We do Mike - do feed in any suggestions :)

Daphne
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Daphne - 31 October 2023 04:01 PM

Thanks Alex - here we go for anyone that might need it - https://www.rightsnet.org.uk/resources/disability-living-allowance

Stuart has just pointed out to me that we already had it covered on rightsnet - ha ha!

https://www.rightsnet.org.uk/welfare-rights/caselaw/item/assessment-of-dla-claimants-walking-ability-based-on-one-off-walking-in-air