[2025] UKUT 356 (AAC)

Appeal No. UA-2025-000324-DLA

Between:

T.C.

Appellant

by

N.C.

Appointee

- v -

Secretary of State for Work and Pensions

Respondent

Before: Upper Tribunal Judge Wikeley

Decided on consideration of the papers

Representation:

Appellant: By Appointee in person

Respondent: Mrs A. Watts, Decision Making and Appeals, DWP

On appeal from:

Tribunal: First-Tier Tribunal (Social Security and Child Support)

Tribunal Case No: SC014/23/00293

Digital Case No : 1698751865634946

Tribunal Venue: Kidderminster

Hearing Date: 26 April 2024

Judicial summary

This case concerns the “severe mental impairment” (SMI) rules for entitlement to the higher rate of the Disability Living Allowance (DLA) mobility component. The decision of the First-tier Tribunal (FTT) that the claimant did not meet the criteria in the SMI rules, and in particular the “severe behavioural problems” test, was not adequately explained. The Upper Tribunal set aside the FTT’s decision and re-made the decision under appeal, awarding both the highest rate care component and the higher rate mobility component for the period in issue.

Keywords

10.4 DLA, AA. MA: general – severe behavioural problems

11.1 DLA. MA: mobility – children under 16

DECISION