"A `personality disorder' is neither a mental nor physical disability. Any resultant difficulties van (sic) not be considered." Well that's the learned opinion of the DM responsible for turning down this particular case. I'm sure I've come accross this non-sense before in relation to DLA but I'm getting old now and memory becomes a bit confused... Has anyone out there any thoughts on where I should go bearing in mind it's very hot today and the beer garden beckons...

The recent decision by a tribunal of commissioners in CDLA/1721/2004 may be useful.

'In their decision, the Tribunal of Commissioners reject the previously held view, taken for example in R(A)2/92, that a definite diagnosis or recognised medical condition is necessary to 'count' as disabled. Instead, they adapt the World Health Organisation definition of 'disability' to mean 'any restriction or lack of ability to perform an activity in the manner or within the range considered normal for a human being'. Accordingly, they conclude that the tests in Sections 72 and 73(1)(d) of a person being 'so severely disabled that' they require attention or supervision, or have mobility difficulties, cannot be equated with 'has such a serious medical condition that'.

The Tribunal of Commissioners also hold that behaviour, in cases of behavioural disorders, although not being of itself a disability, may be a manifestation of a disability. On this basis, the correct approach in R(A)2/92 should have been to ask whether it was in the claimant's power to avoid behaving as they did, rather than to have looked for a specific diagnosis of a recognised mental disorder. The severity of any disability should then be tested, by asking, for example, whether a person requires attention for a significant portion of the day.'

(above extract taken from rightsnet briefcase summary)

You could also refer the DM to the DWP's very own Disability Handbook, of course, click here for the link which very clearly does recognise Personality Disorder as a classifiable mental disorder (see 19.3 and 19.8).

You would think these muppets would at least make some reference to their own materials before making such ludicrous statements. The possibility of both care and mobility needs in relation to DLA are clearly discussed within the Handbook.

A main point mentioned is the need for a clear diagnosis from psychiatrist, if possible. Otherwise, GP or mental health care worker can suffice.

See also the discussion on the Incap' forum dated 14/12/04

Here's the link to the earlier December 2004 thread highlighted by paul -

http://www.rightsnet.org.uk/dc/dcboard.php?az=show_topic&forum=111&topic_id=470&mode=full

You might also find guidance from Department of Health useful. Defines govt. definition for MH health purposes. Link to PDF file below.

http://www.dh.gov.uk/assetRoot/04/05/42/30/04054230.pdf