EC (by SC) v Secretary of State for Work and Pensions (DLA): [2017] UKUT 391 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Gray on 29 September 2017.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 19 October 2017

• Categories: DLA, MA: mobility and Tribunal procedure and practice
• Sub-categories: DLA, MA: mobility - other and Tribunal procedure and practice - evidence
• Judges: Gray, P
• Decision date: 29 September 2017

Read the full decision in CDLA/1427/2017.

Judicial Summary

SMI criteria in DLA reg 12(5): the latter part of the test, as to whether the arrested development or incomplete physical development of the brain results in severe impairment of intelligence and social functioning is both a single one and demands consideration of all the evidence in relation to it. The FTT looked at the medical evidence on the issue of severe impairment of intelligence and the evidence of the class teacher as to the question of severe impairment of social functioning, which is the wrong approach: Re T (Abuse : Standard of Proof) [2004] 2 FLR 838; Re M (A child)-v-CAO reported as R(DLA) 1/00. [9-11]. Findings made as to the criteria [16-23]

Published 19 October 2017