Directions on the appeal
Directions on the appeal
In giving directions on the appeal, I said that relevant issues that might arise on this appeal were:
whether the Secretary of State would wish to file the most recent and authoritative medical evidence as to whether ADHD constitutes suffering from “arrested development or incomplete physical development of the brain” (in other words, has medical knowledge about ADHD moved on in this regard since CDLA/5153/1997 was decided?);
whether the 2017 report in Lancet Psychiatry (2017 April; 4(4): 310-319) is sufficient evidence to show that ADHD “is an arrested development of the brain”. The Secretary of State should append a copy of this report, which featured in the appeal referred to at (iv) below, to his submission in this appeal;
if relevant, which of either SC v SSWP [2010] UKUT 76 (AAC) or NMcM v SSWP (DLA) [2014] UKUT 312 (AAC) was correctly decided on the construction of the wording in regulation 12(5) of the DLA Regs; and
whether the Upper Tribunal’s decision CS v SSWP (DLA), under UT file reference UA-2021-SCO-000005-DLA, is relevant to this appeal.
- Heading
- The decision of the Upper Tribunal is to allow the appeal. The decision of the First-tier Tribunal made on 26 September 2023 under case number SC154/21/00894 was made in error of law. Under section 12
- Introduction
- The Law
- The FTT’s decision
- The grant of permission to appeal
- Directions on the appeal
- Conclusions
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