Tue 31-Jan-06 09:25 AM by shawn

update from the cmmrs -

• CDLA/1365/2005 -
  
  Issues concerning the consequences of alcohol ingestion, consumption, dependency and addiction on entitlement to disability living allowance ... heard 15 – 16 November 2005
  
  
• CSDLA/133/2005 -
  
  Motivation and prompting in the context of DLA attention ... hearing postponed to 13 – 14 March 2006
  
  
• CH/2484/2005, CIS/2559/2005, CIS/2680/2005 & CIS/2920/2005 -
  
  Right to reside ... Heard 12 – 13 January 2006 ... Adjourned to 23 – 24 February 2006
  
  
• CH/4234/2004 -
  
  Recovery of HB overpayments from landlords and tenants ... listed for 13 –14 February 2006 (postponed from 9-10 January)
  
  
• CI/535/2005 & CI/1814/2005 -
  
  Vibration white finger – criteria for the assessment of disablement ... heard 12 – 14 December 2005.

update from the cmmrs -

CSDLA/133/2005 is to be heard on 23-24 march

Any update on CI/535/2005 & CI/1814/2005?

Thanks,

Steven

Is there any news on the right to reside cases?

thanks

jj

re right to reside ....

'The Tribunal of Commissioners held two further days of hearings on 23/24 February. They completed three more of the five cases (plus the case heard on 12/13 Jan), but one case remains unheard. There will be a further hearing on 29 March to deal with this case.'

http://www.rightsnet.org.uk/dc/dcboard.php?az=show_topic&forum=103&topic_id=2432&mesg_id=2432&page=

thanks shawn.

Any news of CDLA/1365/2005 & CSDLA/133/2005 yet?

The oral hearing of CSDLA/133/05 concluded on Friday 24/3/06. The appeal is subject to further written submissions by 7/4/06, after which date the Commissioners have indicated a decision will soon be issued.

CDLA/1365/2005 is out ..... appeal allowed ... will publish shortly

(... relates to issues concerning the consequences of alcohol ingestion, consumption, dependency and addiction on entitlement to disability living allowance)

okay ..... here you go .....

full decision @ http://www.rightsnet.org.uk/pdfs/CDLA_1365_2005.doc

... plus, summary in rightsnet news @

Whether effects of alcohol consumption are relevant in determining entitlement to disability living allowance: New Tribunal of Commissioners decision

...and also in rightsnet briefcase

Thanks shawn.
It appears my cynicism about this decision was misplaced....I make a mental apology to the Tribunal of Commissioners....I would raise my glass..but ya'know lol

I'm now looking foreward to make a load of medical panel members and chairs spit feathers and swallow large amounts of humble pie

Here's hoping the encouragement decision is as positive!!

Any word on the outcome of this Tribunal of Commissioners?
I'm getting some absolutely shocking decisions relating to prompting and encouraging....apparently if you are suffering from mental ill health you only need to move around indoors once in the morning and once in the evening! Not to mention if your not ready to face your problems and engage with the mental health services, your condition doesn't exist to any great degree! Marvellous!

Margie, Have a look at commissioners file CA/177/1988, describing "active stimulation as attention or supervision ie encouragement and prompting.

I havn't got an electronic copy but I can fax you it, if you want.

Steve H

Thanks Steve that would be great. Fax: 0151 443 4641

I've received copy of CSDLA/133/05 from the appellant today. I've emailed a pdf scanned copy to Shawn Mach and trust it will be available on RightsNet shortly.

thanks to steven ... here's a copy of CSDLA/133/05 ...

http://www.rightsnet.org.uk/pdfs/CSDLA_133_05.pdf

Not yet on the Commissioners website list of tribunals of Commissioners.

There will be a tribunal of commissioners on 27 July in Edinburgh which will deal with the question of the vires of the amendment to activity 14 in the Schedule to the Social Security (Incapacity for Work)(General Regulations) (CSIB/803/05 CSIB 818/05.

Conflict between R(IB) 3/04 and CSIB/148/05.