DJ v SSWP (DLA)

DJ v SSWP (DLA)

The appellant's night-time care needs, requiring prolonged or repeated attention for 30 to 60 minutes on four nights and five to six hours on three nights per week, are substantially in excess of the normal requirements for a child of his age. The statutory test for the middle rate care component is met.

Parties
Appellant: DJ; Respondent: SSWP
Jurisdiction
England and Wales
Judgment Date
06 April 2016
Procedural Posture
Appeal / Upper Tribunal Decision
Outcome
Appeal allowed; First-tier Tribunal decision set aside and remade.
Legal Topics
Disability Living Allowance, Care Component, Mobility Component, Children's Entitlement
Social Security Disability Law Disability Living Allowance Care Component Mobility Component Children's Entitlement

Case Brief

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Parties

DJ

Appellant

SSWP

Respondent

Procedural Posture

Appeal / Upper Tribunal Decision

Legal Issues

  1. 1 Whether the appellant's night-time care needs meet the statutory test for the middle rate care component of disability living allowance
  2. 2 Whether the First-tier Tribunal erred in law by applying an incorrect standard to the 'substantially in excess' test for children under 16

Ratio Decidendi

The appellant's night-time care needs, requiring prolonged or repeated attention for 30 to 60 minutes on four nights and five to six hours on three nights per week, are substantially in excess of the normal requirements for a child of his age. The statutory test for the middle rate care component is met.

Court Disposition

Appeal allowed; First-tier Tribunal decision set aside and remade.

Orders

  • Appellant is entitled to the care component of disability living allowance at the middle rate only from 14 October 2014 to 13 October 2016.
  • No entitlement to the mobility component.