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Top Disability related benefits topic #6682

Subject: "Exertion required to walk" First topic | Last topic
BrianSmith
                              

Welfare rights officer, northumberland nhs care trust
Member since
06th Oct 2004

Exertion required to walk
Tue 24-Mar-09 11:15 AM

DLA reg 12(1)(a)(iii) states that a person meets s73(1)(a) of the SSCBA 1992 (unable or vitually unable to walk) if his physical condition as a whole is such that the exertion required to walk would constitute a danger to his life or would be likely to lead to a serious deterioration in his health. Just had a tribunal hearing adjourned, SoS presenting officer submitted that this should be taken to mean "the exertion required to do any walking at all would consitute a danger......" without anything to back this view. I used CDLA/3941/2005 where it was held that "The tribunal must consider whether 'ordinary' walking brings the claimant within reg 12(1)(a)(iii)." Is anybody aware of any other case law clarifying the extent of walking considered for this purpose?

  

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Tony Bowman
                              

Welfare Rights Advisor, Reading Community Welfare Rights Unit
Member since
25th Nov 2004

RE: Exertion required to walk
Thu 23-Apr-09 12:13 PM

Derbyshire CC's DLA/AA caselaw pack has a number of references related to the question.

It's difficult to distinguish the ones you need from your description, so here's all of them!

R(M)3/78
R(M)1/98
CM/23/1985
CDLA/5494/1997 (approved in CDLA/2973/1999)
CDLA/2973/99

If you don't have the caselaw pack and would like the summaries, email me with your fax number.

Tony

  

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