I wonder if anyone is aware of any Commissioners Decisions dealing with fluctuating amounts of care needed due to a variable condition?

Also, anything relating to ignoring walking distance when condition becomes exacerbated?

any help much appreciated

Thank you

There are quite a few commissioners decisions on these subjects. Try accessing the Commish website and searching the decisions by subject
http://www.osscsc.org.uk/
....you will have to plough through quite a few but its worth it. Alternatively, get hold of the Derbyshire Training Pack its invaluable for cd's

Thanks for this, have spent about 3 hours so far ploughing through!
Would still appreciate any info if anyone else knows of any

thanks

The Disability Alliance online DLA/AA case law pack is available here.

Its usefully divided up into relevant subject headings and provides summaries of significant DLA/AA case law dating back to the seventies (and beyond).

In addition, key word searches of DLA decisions in the briefcase area of rightsnet brought the following results -

'majority' - R(DLA)5/05 - in which Chief Commissioner Hickinbottom follows the Court of Appeal in Moyna by holding that the failure to need frequent attention in a given week will not prevent someone satisfying the frequent attention test if they have these needs most weeks over a period of time.

'distance' - CSDLA/554/2005 in which Commissioner Parker held -

'That a claimant suffers severe discomfort at times during his walking does not necessarily mean that he is virtually unable to walk if, overall and having regard to all the relevant factors, he is able to walk to an appreciable extent and in a reasonable way without causing such severe discomfort. Walking achieved only at the expense of severe discomfort is discounted.'

thanks again - i have looked on here and got quite a few good references.