Tribunal of Commissioners 25 November 2005
Case Nos CDLA/2879/2004 and CDLA/2899/2004
8.Section 72(1)(a), (b) and (c) of the 1992 Act specifies the basic conditions of entitlement in respect of the three rates of the care component. Each sub-paragraph requires the claimant to be “so severely disabled physically or mentally” that certain specified conditions are fulfilled.
9.Section 73 sets out the conditions of entitlement for the mobility component. It provides (so far as directly material)
“(1)Subject to the provisions of this Act, a person shall be entitled to the mobility component of a disability living allowance for any period … throughout which -
(a)he is suffering from physical disablement such that he is either
unable to walk or virtually unable to do so; or
(d)he is able to walk but is so severely disabled physically or mentally that, disregarding any ability he may have to use routes which are familiar to him on his own, he cannot take advantage of the faculty out of doors without guidance or supervision from another person most of the time.
(5)… [C]ircumstances may be prescribed [by the Secretary of State] in which a person is to be taken to satisfy or not to satisfy a condition mentioned in subsection (1)(a) or (d) … above.”
10.Regulation 12(1) of the Social Security (Disability Living Allowance) Regulations 1991 (SI 1991 No 2890) (which has effect as if made under section 73(5)) provides:
“A person is to be taken to satisfy the conditions mentioned in section 73(1)(a) of the Act (unable or virtually unable to walk) only in the following circumstances -
(a)his physical condition as a whole is such that, without having regard to circumstances peculiar to that person as to the place of residence or as to the place of, or nature of, employment -
(i)he is unable to walk; or
(ii)his ability to walk out of doors is so limited, as regards the distance over which or the speed at which or the length of time for which or the manner in which he can make progress on foot without severe discomfort, that he is virtually unable to walk; or
(iii)the exertion required to walk would constitute a danger to his life or would be likely to lead to a serious deterioration in his health; or