Commissioners' Decisions listed have been selected as being of particular assistance for tribunal representation

For information on accessing the decisions listed below, please consult the guide to searching for decisions on the Resources page.

Index

DLA (CARE) / ATTENDANCE ALLOWANCE

SUPERVISION
Need for Supervision
Continual Supervision
Specific Health
Children

ATTENTION
General Attention
Cooking Test
Significant portion of the day
Frequent Attention (daytime test)
Prolonged or Repeated Attention (night-time test)

Specific Health (2)

Children(2)

MOBILITY

Virtually Unable to Walk

Physical Disability

Guidance/Supervision

Specific Health (3)

OTHER ISSUES

Age

Overpayments

Residential Care

Residence/Presence Test

DISABILITY APPEAL TRIBUNALS

Procedure

Evidence

Decision Making

Proper Findings/Failure to Give Adequate Reasons

Awards

Reviews/Renewals

Medical Records

DLA (CARE) ATTENDANCE ALLOWANCE

Need for Supervision
C25/96(DLA)
Supervision on unfamiliar routes - spoken reassurance necessary
C50/96(DLA)
Guidance/supervision in unfamiliar territory
CA/139/88
Test of supervision - relevance or otherwise of past injury - test of precautions in reducing risk of danger (Moran)
C19/89(AA)
Intermittent day supervision and absence of previous injury
CDLA/2643/98
Supervision re care component may overlap with requirements for mobility component
C55/98(DLA)
Physically directing or leading the claimant by oral direction, persuasion or suggestion

Continual Supervision
CA/233/95
Propensity to fall - continual supervision to avoid substantial damage
CA/1474/97
Falling on a specific date does not preclude risk of earlier falls
CA/368/90
Supervision required to effect real reduction of harm
MORAN V SECRETARY OF STATE FOR SOCIAL SERVICES (1987)
Where the constant presence of someone ready to intervene throughout the day and the night was reequired, this might satisfy the supervision condition.
(NB - daytime test still stands, but now during the night someone must be awake for a prolonged period to satisfy the test. Soc. Sec.(NI)Order 1998
R(A)1/88
Meaning of continual supervision (Moran v Sec. of State)
CSA/68/89
Moran principles of more general application than just epilepsy
CA/97/87
Need for continual supervision
R(A)1/81
Natural justice - meaning of 'continual supervision'
CA/96/84
Test of continual supervision (R v Social Security Commissioner ex parte Connolly)

Specific Health
R(A)2/91
Schizophrenia
YOUNG V DHSS (COURT OF APPEAL) (N. IRELAND) 17/1/91
Epilepsy - assessment of risk of injury
R(A)1/83
Epilepsy - requirement for continual supervision through day (para. 9 overturned by Moran)
R(A)2/83
Particular circumstances of claimant, not general nature of ill-health or disability to be considered
CA/66/86
Spastic diplegia - Moran decision not confined to epilepsy
R(A)1/87
Phenylketonuria - DMP's practical suggestion not shown to be compatible with child's agility and normal domestic arrangements
C7/88(AA)
Asthma - need for continual supervision - Moran principle should have been applied (daytime test) CSDLA/126/96
Diabetes - impaired bodily function - metabolism

Children
CA/092/92
'Substantial excess' - attention/supervision test
C1/97(DLA)
Recommended approach to 'substantial excess' test
R1/97(DLA)
Issues requiring consideration re additional tests for children - guidelines for under 16 year olds depending on circumstances
C69/97(DLA)
'Substantially in excess' - failure to take account of supervision to prevent asthma attack arising
C14/00(DLA)
Severe asthma - tribunal only looked at condition during exacerbations, not at condition as a whole
CDLA/5153/97
Hyperactive unpredictable or destructive behaviour and asthma
C42/99(DLA)
Child - enuresis - psycological or mental disablement

General attention
REG V NATIONAL INSURANCE COMMISSIONER (1981 'Packer' case)
Cooking for severely disabled person - attention....in connection with....bodily functions
IN RE WOODLING (House of Lords decision)
Assistance with cooking cannot be taken into account for the purpose of s.35
No.2/84(AA)
Not legitimate to expect person to restrict normal activities to lessen need for attention - pushing wheelchair not attention....bodily functions
R(A)3/89
Disabled persons seeking to lead independent lives should not be required to be excessively proctective of themselves (See CA/4/98)
CA/780/91 (FAIREY(Haliday) - see COCKBURN below)
Hearing loss - people with disabilities should be expected to lead life of normal social activity
COCKBURN v CAO & ANOTHER (House of Lords 21/5/97)
Whether laundry is 'in connection with bodily functions'
CSDLA/1095/99
Help with clothing and bedding following incontinence can count as help with bodily functions - incontinence different from enuresis
R(A)1/91
Severe skin disability - additional laundry - relevant to attention condition
R(A)3/86
Attention must be reasonably required - not necessarily medically required
R1/72(AA)
Meaning of terms - night and day etc.
C52/98(DLA)
Tribunal's approach that needs must arise daily or nightly - where improvement in condition likely, awards of components could be for fixed periods
C12/99(DLA)
Definition of attention reasonably required - encouragement

Cooking test
R(DLA)2/95 filed as CDLA/085/94
Conditions which must be considered in cooking test
CDLA/770/00
Comprehensive guidance on test (sitting, use of microwave, etc.)
CDLA/902/94
Cooking test - haemophiliac
CDLA/4916/95
Epileptic - Grand Mal
CDLA/17329/96
Cooking test - special equipment
C37/95(DLA)
Cooking test objective and hypothetical - CDLA/85/94 approved
C31/98(DLA)
Inquisitorial function of tribunal - normal reasonable facilities - main meal - ability or inability to perform tasks involved using certain devices
C38/99(DLA)
Definition of 'cannot prepare a meal'
CDLA/2267/95
Reasonable daily meal for one person - what is reasonable in all the circumstances
C41/98(DLA)
Meaning of 'cannot prepare a main cooked meal'
C38/99(DLA)
Cooking test - definition of 'cannot prepare' a main meal

Significant portion of the day
CDLA/058/93
Significant portion of the day
C52/97(DLA)
For a child one hour of attention could amount to a significant portion of the day
CDLA/206/94
Findings necessary on portion of day taken up by that household for care and whether it is significant

CDLA/1061/99

Meaning of 'day'

Frequent Attention (day time test)
C34/98(DLA)
Frequent attention means more than twice
CA/140/85
Failure to look at evidence of attention throughout the day
CA/281/89
Frequent attention

R1/72(AA)
Prolonged or repeated attention at night
R1/72(AA)
Meaning of 'night' - attention at night does not have to be every night - prolonged attention - may be only once during night
C20/97(DLA)
Child - prolonged/repeated attention at night
C4/98(DLA)
Failure to decide whether evidence of claimant and supporting evidence should be accepted or rejected
C31/95(DLA)
Disruptive behaviour - comfort and reassurance through spoken word although child able to self-medicate constitutes frequent or prolonged attention at night
C64/98(DLA)
Attention of not more than thirty minutes per night is not prolonged attention

CDLA/8167/95
Blind person - whether certain types of help meet the special test for attention as well as being reasonably required - linked to Mallinson, Cockburn and Fairey
MALLINSON V SEC. OF STATE FOR SOCIAL SECURITY (H OF L) 1994
Guiding a blind person constitutes attention in connection with a bodily function
R(A)3/94
Blind person requiring guidance (Mallinson after H of L decision)
CA/780/91 (Fairey)
Hearing loss - attention with hearing or communication is a bodily function
C18/96(DLA)
Profoundly deaf - need for communication and attention from another person
CDLA/3360/95
Deaf - propensity to fall - CDLA/52/94 upheld
C66/98(DLA)
Deafness - inadequate findingss of fact - failed to investigate full needs of claimant arising out of deafness
CDLA/16129/96
Assistance for blind mother to look after very young baby
CDLA/3433/99
Deaf - services provided must be close and intimate and carried out in the presence of the disabled person
CDLA/16240/96
Deaf - assistance from someone not proficient in sign language was assistance with bodily functions
CDLA/1534/00
Needs of profoundly deaf - whether attention reasonably required and how to assess needs
CSA/721/00
Profoundly deaf and without speech from birth - when services of interpreter may count as attention
CDLA/15884/96
Profoundly deaf - extra effort involved in use of sign language could count as relevant attention
CSDLA/860/00
Communication not a bodily function - prevention of bullying not within statutory test - cognitive functions not bodily functions
CDLA/131/01
Communication and Aspergers syndrome - need to develop social skills too far removed from the statutory meaning of bodily functions

C31/95(DLA)
Child asthma - night time care needs - reassurance - self-medication
C14/99(DLA)
Severe asthma - tribunal looked at condition during exacerbations and not at child's condition as a whole
CA/104/88
Correct approach to establishing help needed by a child
C1/97(DLA)
Recommended approach to children's test
C72/97(DLA)
Diabetes - law regarding approach to be taken - claimants under 16
C47/98(DLA)
Claimant unaware GP notes not before tribunal - natural justice - attention re bodily function a relevant issue
C20/97(DLA)
Child - prolonged/repeated attention at night
CDLA/5216/98
Attention and caring for children
CSA/113/91
Attendance Allowance for a child - bodily function of hearing
CDLA/15467/96, CDLA/16176/98, CDLA/1659/97 & CDLA/2252/97
Behavioural problems - guidelines for adjudication authorities
C46/99(DLA)
Severe mental or physical disablement - tribunal must decide whether claimant is physically or mentally disabled

RAYMOND MURRAY v DHSS
Account must be taken of distance, speed, length of time, etc. when making decisions. Also, progress with severe discomfort (if raised). R(M)1/83 (below) approved
R(M)1/83
Factors to be taken into account by tribunal in determining inability to walk - included are pain and breathlessness
CDLA/4388/99
Distance is but one of four criteria in establishing virtual inability to walk
R(M)2/89
Progress on one leg
R(M)1/87
Objective purpose of walking in general - not particular reason
C48/96(DLA)
Virtually unable to walk - four factors
R(M)3/78
Exertion required to walk must lead to danger, etc., including condition which might be precipitated, induced or aggravated by walking
CM/14/85 and CM/5/86
'cannot' or 'will not' walk
R(M)1/90
Relevant factors when walking with manual support
C19/98(DLA)
Claimant should have opportunity to comment on possible use of artificial aids
C20/96(DLA)
Walking test - essential rest period after walking can be added to time taken
C60/97(DLA)
Walking test - distance only one factor
C15/95(DLA)
Length of pauses in making progress on foot
CM/205/98
Guidelines on question of severe discomfort
CDLA/1954/95
Effort of walking brings on fatigue
CM/23/85
Unnecessary for possible serious deterioration in health to be permanent or long-lasting
C44/98(DLA)
Wrong test applied - what a person can do - not what he should be able to do
McMULLAN v CAO (CA 26/3/98)
Where there is need for constant support claimant is virtually unable to walk
CDLA/714/98 and others
Attention for care component also can be considered for mobility component - guidance - supervision of deaf person

CA/648/91
Behaviour problems - non physical/mental disability - Board decision upheld
R(M)2/78
Interruption of physical disablement
HARRISON v SECRETARY OF STATE FOR SOCIAL SERVICES (CA 12/5/87)
Hysteria held to be a mental rather than physical disablement therefore outside scope of Mobility Regulations
CDLA/6166/95
Higher rate mobility component - outset of severe discomfort
CDLA/393/94
Higher rate mobility component - severely mentally impaired
Higher rate mobility component - blackouts
C31/96(DLA)
Disruptive behaviour - incorrect test applied - behaviour to be assessed through whole of day and night
CDLA/5153/97
Higher rate mobility - severe mental impairment - Attention Deficit Hyperactivity Disorder
CDLA/6219/97
Higher rate mobility - autism - severe impairment of intellegence
CDLA/5183/97
ME (chronic fatigue syndrome) - whether CFS had a physical cause was not a question of law
CDLA/2822/99
ME/chronic fatigue syndrome is physical disablement
CDLA/95/95
Higher mobility - severe mental impairment - claimant's degree of judgment re everyday living to be considered as well as IQ
C18/98(DLA)
Severe behavioural problems - test is not an outdoors test
CSDLA/309/98
Link must exist between disablement and inability to walk - panic attack not a mental disablement
CDLA/948/00
Psychosomatic pain can be described as a physical disability and part of a claimant's physical condition

C34/98(DLA)
Guidance/supervision for walking - questions to be dealt with (CDLA/52/94 followed)
CDLA/42/94
Meaning of supervision and guidance
C34/98(DLA)
Low rate mobility component - repeated means at least twice - frequent must be more than twice at least
CDLA/1414/95
Walking outside - encouragement, support, comfort and reassurance constitute supervision
C50/96(DLA)
Guidance/supervision in unfamiliar territory
C51/96(DLA)
Reassurance/guidance
C71/97(DLA)
Supervision/guidance must be more than mere reassurance - CDLA/2364/95 rejected
C13/98(DLA)
Claimant in receipt of highest rate care component not disentitled to lower rate mobility component - conditions for both must be satisfied separately
C67/98(DLA)
Need for supervision/guidance to come within s.73(1)(d) must be decided by its effect on that particular claimant
C60/98(DLA)
Failure to consider whether reasonable to walk unsupervised on unfamiliar routes
CDLA/823/99
Low rate mobility - meaning of guidance and supervision - deafness - anxiety and fear may be taken into account
CDLA/714/98 and others
Whether attention and supervision re care component can be taken into account re mobility component - frightened or too nervous to walk on unfamiliar routes
CSDLA/840/97
Deaf person - person requesting directions on unfamiliar route not providing guidance - communication is an 'activity'

C49/97(DLA)
Bad back - frequency of good and bad days - tribunal did not fully deal with inconsistency in EMP report
CSDLA/265/97
ME has a physical origin
C33/97(DLA)
ME - physical or mental condition - tribunal obliged to decide this in light of available medical evidence
CDLA/4486/00

1. ME - mixture of physical and psychological symptoms

2. ME - look at effect rather than cause

CDLA/1954/95
ME - physical disablement - whether physical or mental in origin
CM/245/93
ME - no physical reason to account for inability to walk
C19/96(DLA)
Menieres disease - failure to give adequate consideration to all facts
C10/96(DLA)
Alzheimer's disease - what constitutes severe mental impairment

R1/83(Mob) and R1/84(Mob
Over 65 - whether entitled to allowance for a period before making claim

R(A)2/86
No time limit on recovery of overpayment
CA/303/92
When disclosure can reasonably be expected - mental capacity of claimant
CA/1014/99
Duty to disclose and appeal rights - appointee and attorney

CREIGHTON & OTHERS (CA) (NI) (CARC3117)
A Northern Ireland resident in a home who refunds trust for cost of care is entitled to Attendance Allowance
CA/2937/97 & CA/2604/98
Residential accommodation - reimbursing local authority
CDLA/7980/95
A house is not a hospital or 'similar institution'
CA/7126/95
Attendance Allowance - residential care - statutory arrangements
CA/2985/97
Cost of accommodation paid from local council's own resources not required to be paid direct to provider of accommodation
UPRICHARD v CAO (CA) (NI) - R3/99(DLA)
Supported accommodation is private dwelling - DLA payable
C63/97(DLA)
Claimant living on private dwelling - cost of the accommodation out of public funds not relevant to whether accommodation is in a private dwelling
C33/98(DLA)
Whether cost of accommodation is or may be borne out of public funds - accommodation is a private dwelling
C36/99(DLA)
Accommodation costs not borne wholly or partly out of public funds
C20/99(DLA)
Living in accommodation in a private dwelling

CM/473/92
Residence or presence rules not ultra vires
CA/54/92
Residence and presence conditions
R(A)5/92
Absence from Great Britain
SNARES v AO - ECJ case C-20/96 and joined cases C-64/96 and C-65/96
DLA not exportable within EU
PARTRIDGE v AO - ECJ case C-297/96
Attendance Allowance not exportable in EU
C1/95(AA), C1/95(ICA) & C1/95(Mob)
Residence conditions not satisfied - issue of European law - member of worker's family (reg. 1408/71)
CDLA/483/97
Exceptional leave to remain in the UK - entitlement to DLA not excluded by the limitations applied to the right to remain in GB

C39/98(DLA)
Failure to adjourn in specific circumstances is inadvertent breach of natural justice

C4/01(DLA)

Refusal of adjournment request not reasonable as claimant not given opportunity to produce evidence that he was ill and could not attend
CDLA/5413/99
Claimant received no notice of hearing - tribunal heard case in claimant's absence - human rights law should be taken into account
CDLA/536/99
Leave to appeal refused by Chairman - application to Commissioner did not contain statement of reasons
CSDLA/551/99
Summary decision treated as full decision - inadequate statement of reasons - leave to appeal granted nevertheless
C38/98(DLA)
No legal requirement for presenting officer to attend tribunal
C1/94(DLA)
Appeal against one component of DLA is appeal against another
C24/95(DLA)
Care and mobility components may be considered singly - claimant appealing AO's decision may claim for a component previously disregarded
C70/97(DLA)
Jurisdiction to raise rate of care component expressly appealed against - not period af award nor entitlement to component
CDLA/21/94
Where care and mobility raised at hearing, discussion must be given on both
C26/97(DLA)
Tribunal should have exercised its powers to adjourn proceedings
CDLA/5037/98
Illegible medical records - tribunal adjourned and ordered new report
CM/406/92
Duty of DATs to give proper reasons and to state why, if it is rejecting claimant's medical evidence
C31/98(DLA)
Tribunal's inquisitorial duty - R(SB)2/83 followed
C12/95(DLA)
Wrong test applied to mobility - tribunal should look at a component not expressly claimed
C24/98(DLA)
Psycological requirements - main meal test - tribunal should give claimant opportunity to make observations on any component about to be taken away
R(A)1/92
Neither an application for a review of an earlier DMP's decision nor an appeal to the Commissioner is to be regarded as analogous to actions in Court
CA/153/89
Date of decision is that on which it is signed
CA/155/89
Natural justice
CDLA/224/94
Natural justice - medical member of DAT panel also employed as adjudicating medical practitioner
CSDLA/1019/99
Decision made before Human Rights Act - common law test of bias - doctor on panel involved in preparing DLA or ICB reports
R1/72(AA)
Grounds on which an appeal may lie - reasons as to why a decision may be an error in law
R(M)6/86
Tribunal required to enquire into accuracy of applicant's story
CDLA/4110/97
An illegible document is not a 'record'
CDLA/3680/97
Tribunal needs to know original grounds for adjournment and consider postponement request afresh<br C73/97(DLA)
Within scope of tribunal's power to deal with matters not raised prior to tribunal
C58/98(DLA)
Registered blind - bodily functions - wrong test applied in equating what a fit person could do as opposed to a disabled person
C11/00(DLA)
Claimant or representative not given an opportunity of adjournment when tribunal considering taking away care component

R(A)4/89
Prejudicial evidence - non-disclosure to claimant - breach of natural justice
CA/139/88
Relevant evidence not before the Board is a breach of natural justice
C36/96(DLA)
Tribunal did not take account of all evidence before it
R1/75(AA)
Where further evidence is required
R(A)1/72
Conflicting evidence
CM/527/92
Adequacy of reasons for decision - rejection of medical evidence - role of medical member
C43/99(DLA)
Tribunal did not address crucial medical evidence
C39/95(DLA)
Explanation of rejection of EMP evidence required
CM/406/92
Duty of DATs to give proper reasons and to state why, if it is rejecting claimant's medical evidence
CDLA/2934/99
Tribunal not entitled to reject a claimant's evidence, oral or written, from GP if it relates to the period between claim and decision
CDLA/5793/97
Replies to improper questions not admissable
C39/99(DLA)
Tribunal entitled to prefer evidence of EMP to that of GP and claimant
CDLA/2880/98
Illegible medical evidence - tribunal should adjourn to obtain legible copy - if unavailable can then disregard evidence
CSDLA/121/97
Evidence once tainted remains so for the purposes of that application and any appeal thereon
CSDLA/778/00 & CSDLA/171/98
Whether alcoholism physical/mental disability - medical evidence crucial
CDLA/5803/99
Evidence given re one benefit (eg. ICB) can be used in another (DLA) with great care
CSDLA/336/00
Inquisitorial function - point of evidence not argued by experienced representative at hearing - no error of law

CA/140/85
Failure to look at evidence of attention throughout the day
R(A)1/72
Reasons why a decision may be an error in law
C1/98(AA)
Claimant must be able to understand decision
CM/144/90
Specific contention in medical report must be answered in tribunal findings
CDLA/16902/96
Tribunal findings - obligation to record evidence
C39/95(DLA)
Explanation of rejection of EMP evidence required
CM/20/94
Disallowance of renewal claim - adequacy of statement of reasons
R1/72(AA)
Use of medical terms not error in law
C29/97(DLA)
Taking away mobility component without a proper reason
C29/96(DLA)
Tribunal should consider circumstances as at present time and not as they might be in the future
C9/95(DLA)
Care needs - aids and appliances to reduce needs - claimant should be afforded opportunity to comment on suitability of aids
CA/4/88
Evidence of falling - criteria - see R(A)3/89
R(A)5/90
Reasons for decision - liability to fall - evaluation of risk
C36/97(DLA)
Tribunal's inquisitorial function - need for psychosocial rehabilitation - should have considered mobility component although not being pursued by claimant
C32/98(DLA)
Tribunal not bound by views of previously adjourned tribunal - should rehear afresh
C44/97(DLA)
Withdrawal of lower care component - tribunal did not adhere to rules of natural justice
CDLA/1400/97
If tribunal considers taking away a component not the subject of the appeal the claimant must be given notice - must be some evidence of substance
C17/99(DLA)
Need for encouragement to wash, dress and cook - tribunal did not take psycological needs into account fully
C40/99(DLA)
Tribunal did not deal with evidence that claimant's condition was deteriorating
C41/99(DLA)
Employment and DLA - employment not a bar to entitlement

C13/01(DLA)

Tribunal did not deal with claimant's contentions regarding the EMP report

CDLA/2259/00
Commissioners have no power to make a declaration of incompatibility under s. 4 of the Human Rights Act
KITCHEN and OTHERS v SECRETARY OF STATE FOR SOCIAL SERVICES (CA) 1993
Duty on MATs in writing up decisions - broad guidelines
CM/205/88
Thorough and clear factual findings and reasons for refusing renewal claims must be recorded
CM/140/92
Where renewal claim disallowed tribunal must give reasons why decision differed from previous decision
CDLA/8462/95
Obligation on DAT to make findings where EMP evidence preferred to that of claimant
C29/99(DLA)
Mental health problems not considered - findings inappropriate
C25/99(DLA)
Child - actual time spent in connection with bodily functions or continual supervision to avoid substantial danger not recorded
C45/99(DLA)
Necessary findings not made re night time needs - requirement of claimant for reassurance, prompting or motivating not addressed
CSDLA/646/99
No reasons given for stating claimant's evidence neither credible nor convincing, nor why doctor's evidence preferred
CDLA/590/00
Frequent attention throughout the day - tribunal did not make findings on the distribution and number of times the need for attention arose during the day

C2/01(DLA)

Tribunal did not explore claimant's condition during exacerbations of condition nor his condition afterwards

C27/96(DLA)
Six months qualifying period applied erroneously thereby delaying commencement of award
CA/1474/97
Tribunal may make prospective award
CM/231/93
Where period of award an issue
C6/94(DLA)
Explanation of reasons for fixed term award
C2/95(DLA)
Duration of award
C8/94(DLA)
Reg. 17(6) & (7) Claims and Payments apply to DLA - tribunals do not need evidence of precise date for end of entitlement appeal
R1/95(DLA)
Child - duration of award - need for attention, etc. will diminish with age
C53/98(DLA)
AO should not seek evidence on component not part of review request without reasonable grounds - tribunal should have reasonable grounds before considering existing awards of either component
CDLA/778/00
Alcoholism - treatment to be taken into account in determining length of award
CDLA/7482/99
Life award of mobility component - application for review made before abolition of life award protection - the protection of those sections continues as an accrued right

C36/98(DLA)
Decision-making duty when renewal claim takes different view
CM/113/91
In renewal cases tribunal must give view on ability to walk throughout claim period
C4/90(AA)
Clear and adequate reasons essential where allowance not being renewed - resolution of contradictory medical evidence must be set out
C21/95(DLA)
Renewal application - reg. 13(c) Claims & Payments - whether correct to treat as claim from renewal date
CDLA/577/94
Anti-test case rule - timing of application for review
C21/95(DLA)
When renewal application treated as fresh claim
R(A)1/89
Criteria for DMP on renewal claims
R(A)2/90
Relevant change of circumstances
R(A)1/90
Claim for AA - failure to send subsequent application for review to claimant - procedural defect - decision a nullity
THOMPSON V DHSS (CA) (NI)
No appeal against original decision after review carried out - NB - CAO v EGGLETON & OTHERS is GB case taking opposite view
CSA/114/90
Working as a teacher after training as such is no change of circumstances
CM/140/92
If no change since previous award, tribunal should award benefit unless perverse to do so
CM/20/94
Disallowance of renewal claim - addequacy of statement of reasons
C44/99(DLA)
Review of care component - AO error re mobility component undetected by tribunal
CDLA/1715/95
Review - AO's powers
CDLA/15961/98
Review application can be treated as claim - deterioration in condition since original claim

Medical Records
C57/96(DLA)
Absence of medical records - rules of natural justice
C16/95(DLA)
DAT should make medical evidence available at a reasonable time
C38/95(DLA)
ITS failure to produce medical records whose release was consented to by claimant not an error
C2/95(DLA)
Hospital records - duration of award - tribunal should not take into account evidence not put before parties unless all parties consent
C10/99(DLA)
Failure to obtain up to date GP's notes not a breach of natural justice - only special circumstances justify obtaining further medical evidence
C15/99(DLA)
Natural justice - representative not shown medical records - consent form not signed - no adjournment

This index maintained and updated by Pat Miskimmin. Cases selected by Danny Breslin. 

[Last updated on 26/02/02]