In this DLA appeal a tribunal took into account aids and adaptations which the claimant did not actually have when it was deciding what rate of DLA care she was entitled to.

The decision was referred to us by Ligoniel Improvement Association and we appealed it to the social security commissioner.

Chief Commissioner Martin decided the tribunal had got it wrong. He has allowed the appeal and referred it to another tribunal to be looked at again.

The decision means that a tribunal will have to make a decision on what aids and adaptations would be available to a person and whether an Occupational Therapy Department would be likely to provide the aids or carry out the adaptations within six months from the date of the decision under appeal.