Decision Summary Information

Back to Results | Search Again | Most Recent Decisions

Neutral Citation Number:
Reported Number: R(DLA)1/97
File Number: CDLA 902 1994
Appellant:
Respondent:
Judge/Commissioner: Judge M. Rowland
Date Of Decision: 24/07/1996
Date Added: 26/07/2002
Main Category: DLA, AA: personal care
Main Subcategory: cooking test
Secondary Category:
Secondary Subcategory:
Notes: Care component - haemophiliac - whether “cannot prepare a cooked main meal for himself” The claimant, a haemophiliac, was refused the care component of disability living allowance and that decision was upheld by a tribunal. The claimant appealed to the Commissioner arguing that, due to the nature of his medical condition, he could not prepare a cooked meal with reasonable safety and therefore had to be regarded as someone who “cannot prepare a cooked main meal for himself” within section 72(1)(a)(ii) of the Social Security Contributions and Benefits Act 1992 even though he did in fact cook for himself. Held, setting aside the decision of the tribunal and substituting a decision to the same effect, that: 1. words implying reasonableness were to be implied into section 72(1)(a)(ii) just as they were in section 72(1)(a)(i), (b) and (c), but reasonableness was to be judged only in relation to the practicality of the claimant carrying out the hypothetical function of cooking (para. 6); 2. the decision of the tribunal was erroneous in point of law because it was not clear that the tribunal had considered the question of reasonableness and, in particular, the seriousness of any risk which the claimant might face while cooking (para. 7); 3. however, the additional risk and associated anxiety involved in cooking, over and above the risk attending all the claimant’s activities, did not justify a finding that it was unreasonable to expect the claimant to prepare a cooked main meal (para. 10).
Decision(s) to Download: DLA1_97.doc DLA1_97.doc