The Law
The Law
Section 73(3) of the SSCBA provides as follows:
“The mobility component.
73(3) A person falls within this subsection if—
(a) he is severely mentally impaired; and
(b) he displays severe behavioural problems; and
(c) he satisfies both the conditions mentioned in section 72(1)(b) and (c)
above.
Regulation 12(5) of the DLA Regs sets out the following:
“Entitlement to the mobility component
12:-(5) A person falls within subsection (3)(a) of section [73(3) of the SSCBA] (severely mentally impaired) if he suffers from a state of arrested development or incomplete physical development of the brain, which results in severe impairment of intelligence and social functioning.
- 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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