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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