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Introduction
Introduction
This decision, ultimately, is about whether a person with “ADHD” is suffering from a state of arrested development or incomplete physical development of the brain under regulation 12(5) of the Social Security (Disability Living Allowance) Regulations 1991 (“the DLA Regs”).
The parties are agreed that I should give the decision in the above terms and I am satisfied that I should do so.
The appeal concerns entitlement to the higher rate mobility component (“hrmc”) of Disability Living Allowance (“DLA”) via the ‘severe mental impairment’ route under section 73(3) of the Social Security Contributions and Benefits Act 1992 (“the SSCBA”) and regulation 12(5) and (6) of the DLA Regs. It is only regulation 12(5) of the DLA Regs which is in issue on 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