DLA : hospital stays and HRM due to anorexia

In relation to your HRM query I have a couple of clients in receipt of DLA HRM on the basis of anorexia and/or bulimia, both have such low body weight that there are medical concerns that any exertion could cause heart problems (remember the Karen Carpenter story?).

You may find the attached case law CDLA/1528/2008 useful.

Thank you AC.

The case was re-heard as the FTT made an error in law. Does anyone know the outcome, or more to the point what is the easiest way to find such outcomes. Any links to links, so to speak

benefitsadviser - 11 March 2013 03:33 PM

The case was re-heard as the FTT made an error in law. Does anyone know the outcome, or more to the point what is the easiest way to find such outcomes. Any links to links, so to speak

As far as I am aware FTT decisions are not reported.

IMHO, the FTT outcome will not really get you anywhere. All it will show is how the law was applied to an individual set of facts entirely separate from those of your client.

What you need to do is to apply the law as explained in the above UT decision to your client’s own facts. The law is in fact pretty clear and set down in statute - a claimant will be entitled to HRM where a physical condition is such that the exertion required by walking would be a threat to their life or pose a risk of serious deterioation in their health. The confusion that the UT decision clears up is that if somebody has a mental condition that results in physical health problems, the physical health problems should be looked at in isolation and there should not be a question of whether they could be avoided eg. by maintaining enough calories.

My advice is that you need to clarify exactly what the medical advice is that she has received regarding walking. From your post it appears that she is being advised to avoid walking to try and avoid energy expenditure, calorific deficit and further weight loss. You’d either have to argue that this in itself would constitute a serious deterioration, or look for further evidence that her condition has led to complications (eg weak heart) that could put her at risk of sudden deteriorations or even death.

[Edit misread your post re care component]

I do actually have a query along similar lines if anyone has any input. Client’s situation in brief is that she has sickle cell disease. Client is normally fairly independent but suffers from crises that often lead to her requiring hospital treatment, although this treatment is never to the extent that she would not be entitled to DLA (28 days in one go or linked)?

Client’s crises are extremely debilitating and I’m considering whether she may be able to argue that when her care needs are ‘averaged out’ she has some entitlement to DLA. However, if somebody receives attention in hospital, is this attention ignored for the purposes of DLA?