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Neutral Citation Number:
Reported Number:	R(DLA)8/02
File Number:	CDLA 1061 1999
Appellant:
Respondent:
Judge/Commissioner:	Mr J. M. Henty
Date Of Decision:	07/09/2001
Date Added:	27/03/2002
Main Category:	DLA, AA: personal care
Main Subcategory:	attention: daytime
Secondary Category:
Secondary Subcategory:
Notes:	Attention for a significant portion of the day-whether 'day' means 'daytime' or a period of 24 hoursAttention in connection with bodily functions significant portion of the day meaning of day The claimant was in receipt of the higher rate of the mobility component for life, but not the care component. An adjudication officer terminated that award on review. The higher rate of the mobility component was later reinstated, but for a fixed period from a subsequent date, and again there was no award of the care component. The claimant appealed to a tribunal, who extended the fixed period for the mobility component, but again refused an award of the care component. The claimant appealed to the Commissioner. Held, allowing the appeal, that: 1. the tribunals findings and reasons in relation to the cooking test in section 72(1)(a)(ii) of the Social Security Contributions and Benefits Act 1992 were inadequate; 2. the tribunal were in breach of section 33(6) of the Social Security Administration Act, so that the decision awarding the mobility component at the higher rate for life had not been validly terminated by review; 3. on the proper construction of section 72(1)(a)(i) of the Social Security Contributions and Benefits Act 1992, day in the expression significant portion of the day means daytime as opposed to night-time, based on the domestic routine of the house, and not a period of 24 hours.
Decision(s) to Download:	R(DLA) 8-02 ws.doc