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Neutral Citation Number:
Reported Number:	R(DLA)6/03
File Number:	CDLA 2106 2002
Appellant:
Respondent:
Judge/Commissioner:	Judge M. Rowland
Date Of Decision:	11/03/2003
Date Added:	25/03/2003
Main Category:	DLA, MA: mobility
Main Subcategory:	guidance or supervision
Secondary Category:
Secondary Subcategory:
Notes:	Mobility component - lower rate - relevance of the fact that the claimant did not walk in unfamiliar surroundings The claimant's claim for disability living allowance was disallowed and her appeal from that decision was dismissed. Her case was that her ability to walk was very limited due to arthritis, and that she was liable to fall due both to giddiness and to difficulty in co-ordinating her crutches. In relation to the higher rate of the mobility component, the tribunal found her not virtually unable to walk. The tribunal also declined to award the lower rate on the ground that it was clear that in practice the claimant would not be walking in unfamiliar surroundings because of her limited mobility. The tribunal made no finding as to whether the claimant could use even familiar routes without guidance or supervision. The claimant appealed to the Commissioner, that appeal being supported by the Secretary of State. Held, allowing the appeal, that: 1. it was irrelevant whether the claimant actually walked on unfamiliar routes - the question was whether or not she could do so without guidance or supervision; 2. furthermore, while a tribunal must ignore any ability to use familiar routes, it is not entitled to ignore any inability to use familiar routes. The Commissioner remitted the case to a differently constituted tribunal.
Decision(s) to Download:	R(DLA) 6 03 final.doc