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Neutral Citation Number:
Reported Number:	R(DLA)2/95
File Number:	CDLA 85 1994
Appellant:
Respondent:
Judge/Commissioner:	Mrs R. F. M. Heggs
Date Of Decision:	11/11/1994
Date Added:	27/06/2002
Main Category:	DLA, AA: personal care
Main Subcategory:	cooking test
Secondary Category:
Secondary Subcategory:
Notes:	Care component - inability to prepare a cooked main meal - whether an objective test of an ability to prepare a labour intensive main daily meal The claimant was in receipt of the mobility component of disability living allowance when she claimed the care component. That was refused by an adjudication officer, whose decision was not revised on review. The claimant appealed to a disability appeal tribunal essentially on the basis that she was unable to prepare a cooked main meal for herself and thereby satisfied the condition for the lowest rate of care component. There was medical evidence of a disabling condition before the tribunal, and evidence from the claimant relative to her ability to stand and to lift heavy pans. The tribunal dismissed the appeal and the claimant appealed to the Commissioner. Held that: 1. the cooking test is a hypothetical test to be determined objectively, relates to a labour intensive main daily meal which it is reasonable for the claimant to prepare for one person on a daily basis, and depends on what the claimant cannot do without help. The test includes all activities auxiliary to the cooking; 2. whether the claimant is so severely disabled physically or mentally that she cannot prepare such a meal is a subjective test to be determined on the evidence. If there is evidence of limited ability, reasons must be given to explain why the relevant activities were not necessary in the preparation of a main meal. The appeal was allowed. The Commissioner remitted the case to another tribunal for rehearing.
Decision(s) to Download:	DLA2_95.doc