I will shortly be taking a claim for Disability Living Allowance Care Component to Tribunal and have been using the CPAG book for guidance. I feel that my client should qualify for the middle rate of DLA Care on the basis that she needs continual supervision and attention when walking to stop her falling over.

The 2005/06 CPAG book makes reference to CA/86/1987 with regards to this activity qualifying an individual to DLA C at the middle rate. However, I have been unable to find any records CPAG of this case.

Does anyone know what the case refers to or know where I can find out further information? Does anyone have a copy of this case? Any help would be greatly appreciated.

Lee

Have a look at R(A)3/89, Commissioner Hoolahan - should be on Rightsnet somewhere, if not, I can email you a copy - this deals with the propensity to fall, and contains the following memorable extract:-

"... If she is at risk of falling and indeed there is evidence that she has fallen it is simply not enough to say, as the DMP does, that she should take precautions and undertake only those activities which are within the limits imposed by her disabilities. Is he suggesting that when she has fallen she has been engaged in activities she should not sensibly have undertaken? Is she not to move from her chair without assistance? Is she expected to remain chair bound until assistance is available? If whenever she moves from her chair she needs supervision why does that not satisfy the condition?"

R(A) 3/89 is available here (and can also be accessed via the 'cmmrs decisions on rightsnet' area of swopshop).