Does anyone know any case law or arguments to use either in DLA or Incap. appeals, please? My client has other physical problems as well.

it would surely depend on what their needs were firstly, rather than a descriptive of obesity. what other needs do they have and does their obesity cause them problems when walking.

the personal capability assessment might help with IB if they have trouble moving ie standing bending or kneeling.

Obesity is a "condition" the same as arthritis is a "condition," just concentrate on how the condition affects your client's life.

For the care component of DLA, section 72(1)(a) SSCBA 1992 states:

"he is so severely disabled phisically or mentally that-"

This means they must have a disabling condition that causes them to require attention with a bodily function or supervision to avoid substantial danger to themselves or others.

It doesn't mean they have to have a specific diagnosed illness or disease.

So if your client's obesity means that he reasonably requres assistance with bodily functions then they may be in with a shout for DLA.

(For the meaning of bodily functions see R v National Insurance Commissioner ex parte the Secretary of State for Social Services <1981> 1. WLR 1017.)

See CDLA/1721/2004 (news section May 12). A tribunal of commissioners held that the WHO definintion of 'disability' should be adopted, which means 'any restriction or lack of ability to perform an activity in the manner or within the range considered normal for a human being'. This definition should therefore include difficulties arising from obesity.