Upper Tribunal Administrative Appeals Chamber

[2025] UKUT 85 (AAC)

Fecha: 11-Mar-2025

The grant of permission to appeal

Permission to appeal was granted by the FTT:

“on the narrow point of whether Attention Deficit Hyperactivity Disorder (ADHD) might constitute, “arrested or incomplete development of the brain” under Regulation 12(5) of Disability Living Allowance Regulations 1991”.

Pausing at this point, it may not be apparent that the question of whether ADHD falls within regulation 12(5) of the DLA Regs raises an issue of law as opposed to an issue of medical fact.

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